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(영문) 대구지방법원서부지원 2016.12.29 2016가합494
종무회의결의무효확인등
Text

1. The resolution of the Council of the Republic of Korea dated April 26, 2013, which changed the representative of the Defendant Cratian from Nonparty E to Defendant D, is null and void.

Reasons

1. Basic facts

A. Nonparty E is a person who created Defendant C (at the inspection to which H religious organizations belong, changed from the inspection to the inspection to which H religious organizations belong), a temple located in Daegu-gun, 1979, the party status of Nonparty E is around 197.

Plaintiff

A is the head of E, the defendant D is the male and female of E, and the plaintiff B is the non-party I's spouse, the male and female of E.

B. On April 26, 2013, the minutes were prepared, stating that E and Nonparty J, the chief executive officer of Defendant C, and Nonparty C, the chief executive officer of Defendant C, opened a meeting to change the representative of Defendant C to Defendant D from Apr. 26, 2013 (hereinafter “the resolution of the instant meeting”).

The real estate register of the land and buildings owned by Defendant C in accordance with the resolution of the instant religious council was changed from the representative of Defendant C company to Defendant D, and Defendant D was appointed from the general secretary of H religious organizations to the chief secretary of Defendant C company and performed his duties.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 10, 14, Eul evidence Nos. 1, 3, 5, 8, 10 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. With respect to the defenses before the merits against Defendant C Co., Ltd. seeking confirmation of invalidity of the resolution of the instant clan, the Defendant C asserted that the Plaintiffs are not entitled to seek confirmation of invalidity of the resolution of the instant clan on the grounds that the Plaintiffs did not have any right to adopt any resolution on the agenda of Defendant C Co.

However, according to the aforementioned evidence and the statements in Gap evidence Nos. 13, 15, 23, and 24, defendant C is a sound temple created by Eul. The plaintiff A, a child of Eul, continuously resided in the defendant C and performed his duties for a considerable period of time as a general secretary or a financial manager, according to the Articles of Incorporation of the defendant C (hereinafter "the defendant's articles of incorporation"), the representative of the defendant C company is well known, and the plaintiffs, other than well-known E, are officers of the defendant C company, and the defendant C company is well known.

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