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(영문) 대전지방법원 2017.07.06 2016가합105323
당회부존재 확인 및 교단탈퇴결의 확인
Text

1. Y confirms that the Defendant’s temporary president status, Z, and AA are not in the Defendant’s membership status.

2...

Reasons

The plaintiffs are the defendant's believers.

On November 4, 2007, the Defendant joined AB Religious Organizations (hereinafter referred to as “AB Religious Organizations”) and became affiliated with AB Religious Organizations AC Labor Association (hereinafter referred to as “Labor Association”).

On December 7, 2014, Z, AA proposed a draft amendment of the articles of association stipulating the organization of the church, which is the head of the defendant, but the said draft amendment was rejected at the temporary vertical council.

In January 6, 2016, Z, AA requested the Labor Union Council to dispatch the temporary president of the Defendant Party, and the Labor Union Council dispatched Y to the temporary president of the Labor Union Council.

Y This is in the position of the chief executive officer, Z, and AA of the defendant party conference.

The defendant, on May 1, 2016, held a temporary joint meeting where 203 incumbent members (including 60 delegated members) among 283 incumbent members (including 60 delegated members) attended, and at the time of voting, a resolution to withdraw from AB religious organization with the consent of 134 members among 135 incumbent members (hereinafter “resolution of this case”).

On May 15, 2016, the defendant held a regular meeting on a regular basis and constituted the ice ice Committee for the ice ice Finding of Felgs.

The Plaintiffs filed a provisional injunction against Y, Z, or AA (2016Kahap50111) with the Daejeon District Court. On June 27, 2016, the said court rendered a provisional injunction (hereinafter “instant provisional injunction order”) stating that “Y shall not perform the duties of the temporary president, Z, and AA until the judgment on the merits becomes final and conclusive, Y shall not perform the duties of the temporary president, and Z, and Z and AA shall not perform the duties of the members.”

On October 23, 2016, the Defendant: (a) around November 6, 2016, upon the recommendation of the Cheongice Committee, as the Speaker pro tempore; (b) around November 6, 2016, the Defendant held a temporary joint meeting with the consent of 128 members, among 281 incumbent members (including 23 members of the delegation); and (c) at the time of voting, a resolution was passed to see AE with the consent of 128 members among 134 members at the time of re-voting.

On February 14, 2017, the Trade Association shall appoint AF as a temporary president on the ground that the qualifications and authority of Y have been suspended due to the decision of provisional disposition in this case, and the vacancy of the president has occurred.

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