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(영문) 서울중앙지방법원 2018.06.20 2017가합535465
총회결의무효확인의 소
Text

1. Of the Defendant’s resolution of September 27, 2013, the part that revoked the removal of G wood from F from office is null and void.

Reasons

1. Basic facts

A. 1) The defendant is the highest assembly of all branch churches belonging to E, which is comprised of representatives comprised of each H’s pastors and heads. The plaintiffs are the heads of F’s pastors and heads [the plaintiffs D, among them, as the principals of the IS (hereinafter “IS”).

[2] Since November 2008, I had been suffering conflict in relation to the embezzlement of the donation money of G church, which is a member of the Defendant’s general meeting. G was prosecuted to the Seoul Southern District Court on November 29, 2009 and was convicted of four years of imprisonment (Seoul Southern District Court 2010 Gohap547) due to the criminal facts that embezzled the property of the I church on November 29, 2009. At the appellate court, I was found not guilty of some of the embezzled amount and was sentenced to imprisonment for 2 years and 6 months (Seoul High Court 2011No3629), and the appeal was filed, and the Supreme Court reversed the above judgment and remanded it to the lower court (Supreme Court 2012Do7371).

Since then, the Seoul High Court sentenced G to the two-year imprisonment with prison labor (Seoul High Court 2012No3141), and the appeal against the above judgment was dismissed (Supreme Court 2013Do3734), and the above judgment became final and conclusive as it is.

B. Article 51 of the I church's articles of association provides that "Korean churches shall belong to E and F," but a resolution was passed on August 7, 201, such as the amendment of the articles of association, at the I church's joint conference held under the initiative of G on August 7, 2011, that "I church belongs to J (SJ)." A resolution was passed on the amendment of the articles of association, etc. of the I church's articles of association, which was passed at the I church's joint conference held under the initiative of G, and a resolution was passed on the provisional disposition of suspending validity on November 30, 201 by the Seoul Southern District Court 201Kahap541, which filed an application for the provisional disposition of suspending validity on November 30, 2011.

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