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(영문) 대전고등법원 2016.04.29 2015나11876 (1)
담임목사 지위 확인
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Diplomatic Association (hereinafter “Diplomatic Association”) was established on March 1986 as a branch church belonging to the B Religious Organization C Management Association (hereinafter “Defendant’s Union”) established on March 1, 1986, and the seat of the articles of association, which is its bylaws, was stipulated as “Y in the astronomical City.”

B. On December 7, 2008, the plaintiff, who was a member of the D church, held a joint council on D church's membership and transferred the location of the D church to F in Seo-gu, Seo-gu (hereinafter referred to as "F church", and the plaintiff et al. transferred the church to F., which remains in the D church council as it is. The joint council attended by 26 of the 47 members who did not attend the joint council and agreed on the agenda of disposing of the land and buildings of the D church, and 23 persons who agreed on the agenda of moving the church by leasing the building in F with the rental deposit of KRW 140 million.

C. After the above resolution of the joint council, a considerable number of members including G et al. opposed to the transfer of the church, requesting the Plaintiff to convene a joint council again, but the Plaintiff did not accept it.

On December 28, 2008, G et al. submitted a written petition to the Defendant Labor Union against the Plaintiff. On March 16, 2009, the Defendant Labor Union organized the “D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D d d e.

On May 7, 2009, the committee accepted the above cancellation petition and passed a resolution to revoke the plaintiff as a member of the D church (hereinafter “instant cancellation resolution”), and on June 25, 2009, reported the cancellation resolution of the instant case to the Defendant Labor Union.

With respect to the transfer of the D church, the Plaintiff, without obtaining the approval of the Defendant’s association, was stationed in the F church from February 1, 2009 to the F church, and on September 14, 2009, the location of September 14, 2009, the name of the organization was “F in Seo-gu, Seo-gu, Incheon,” and completed the registration of the non-profit corporation at the competent tax office with the name of the organization “B religious organization D church,” and on January 17, 20

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