logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.10.20 2015가합26904
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A religious organization (hereinafter “Plaintiff’s Order”) was affiliated with the Korea Buddhist Religious Group, an incorporated association, as the Buddhist Religious Group, which was a non-corporate body that was created in 1946.

Plaintiff

An incorporated association B (hereinafter referred to as the “Plaintiff incorporated association”) is an affiliated organization of the Plaintiff’s Order; it is an incorporated association established on November 18, 191 for the purposes of the maintenance and management of the Plaintiff’s Order’s attached facilities and the members belonging to the Plaintiff’s Order; and for the purposes of the teaching law, education, Buddhist academic research, and social welfare business of the Plaintiff Order.

Plaintiff

The chief executive officer of the Religious Order takes overall charge of the affairs of the Religious Order in accordance with the Religious Order and the Religious Order Act, and the position of the representative director of the Plaintiff Incorporated Association is concurrently held.

B. The deceased D (EN, hereinafter referred to as “the deceased”) is a person who was in the position of the senior director of the Plaintiff’s Order and the representative director of the Plaintiff’s incorporated association from around 1999 to October 27, 2014, and the Defendant is the deceased’s birth.

C. On October 27, 2014, the Plaintiff’s Order issued a resolution to appoint Nonparty F (GN) who was the inspector at the time by opening a meeting of the senior secretary general on the grounds of health of the Deceased, as the inspector’s agent, to appoint Nonparty F (GN) as the inspector’s agent.

Plaintiff

The details of this case among the subordinate constitution and the subordinate law of the Religious Order are as follows.

Article 39 (3) The chief executive officer may appoint, commission and authorize or approve the appointment of the temple owner and the staff and members of the end of the inspection team in accordance with the constitution and the final law.

Article 40. Qualifications for the chief of the General Affairs Office, the chief of the Planning Office, the chief of the Office, and the chief of each department, the organization of the chief of the General Affairs and the division of duties shall be determined by the

Provided, That the head of the general affairs office shall be the ex officio director of the corporation.

The staff members of the bureau below Article 8 of the Act shall be appointed by the Director General at the request of the competent Minister.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6, Eul evidence 19-1, 2, 30-7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 Deceased on March 5, 2005, the Plaintiff himself.

arrow