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(영문) 대전고등법원 2019.05.16 2018나15527
임시공동의회 결의 무효확인
Text

1. Revocation of the first instance judgment.

The main claim in the lawsuit of this case shall be dismissed.

2.In addition, at the time of the trial.

Reasons

1. Basic facts

A. The Defendant’s establishment, the ice Cheong-gu, the Cheong-gu and the Cheong-gu, and the amendment of the Articles of Incorporation of the Political Party) The Plaintiffs were the members of the Defendant, and the members of the Defendant established the Defendant and established the first articles of association (Evidence B No. 21) with the invitation of the members of the Defendant or without joining a specific religious order on January 2007. 2) The Defendant was subject to the resolution of the first articles of association on September 30, 2007 by the Cheong-gu Committee consisting of its members pursuant to Article 13(6) of the first articles of association, for the ice Cheong-gu, the election of the members of the Cheong-gu Council by the Cheong-gu, the recommendation of the members of the Cheong-gu Council, the recommendation of the members of the Cheong-gu Council, the resolution of the members of the Cheong-gu Council (former Joint Council).

In accordance with the above procedure, the defendant sent F F to the defendant's first standing pastors, and on November 4, 2007, the defendant joined the K School that is a religious order to which F belongs (hereinafter referred to as "school group") and became a member of the above religious order E- Labor Association (hereinafter referred to as "Labor Association").

3) The first articles of incorporation, as the Defendant’s organization, provides for the office general meeting, employee’s meeting, operating committee, trade association, street association, association of promoters, and information-collection society, and there is no provision regarding the “party council (a party council (a party council under the church constitution has the right to decide on the essential affairs of a church, such as the appointment of a pastor, assistant pastor, the head of a church, and the appointment of two or more staff members, the right to vote, the management of property, etc.). From October 201 to October 201, F shall proceed with a meeting of the name “party council” with himself/herself as the chairman of the party council, the chairman of the party council, the Plaintiffs, and L, etc. as the party members, and left its minutes. The Plaintiffs proposed an amendment to the articles of incorporation, including the organization of the party council, but the amendment bill was rejected from the Defendant’s office held on December 7, 2014, which was rejected from the Defendant’s temporary resignation of the 16th Ga.

The plaintiffs and the principals hold a temporary church on February 14, 2016 based on the religious order constitution and send G pastors to the temporary church president.

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