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(영문) 광주고등법원 2018.08.24 2017나11918
회계장부 등 열람 및 등사청구
Text

1. The part against Defendant B and Religious Organization C in the judgment of the first instance shall be revoked, and the Plaintiff (Appointed Party) and the appointed party shall be revoked.

Reasons

1. As to this part of the basic facts, the corresponding part of the grounds for the judgment of the first instance shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the determination on this safety defense, Defendant C Educational Association, D, and F asserted that Defendant C Educational Association did not have the standing to institute the instant lawsuit against the Plaintiffs, but in the lawsuit for performance, the standing to institute the instant lawsuit is a person who asserts himself/herself that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not, it shall be proved through the deliberation on the merits. Accordingly, the Plaintiffs’ seek for inspection and copying of documents, such as the books of account as set forth in attached Tables 1, 2, and 4 against Defendant C Educational Association, D, and F, by itself, can be the subject matter of lawsuit against the Plaintiffs.

As such, the above argument of Defendant Chys, D, and F is without merit.

3. Judgment on the merits

A. 1) The gist of the plaintiffs' assertion 1) The financial audit report of the H tax affairs accounting office of the defendant C church and the judgment of the general assembly of the B religious organization, etc. was revealed to be improper in the management of the financial affairs and accounting of the defendant C church. Therefore, the plaintiffs, as the members of the defendant C church, shall be allowed to inspect and copy each of the books and documents in the attached Table against the defendants as the members of the defendant C church. 2) The summary of the defendant C church, D, and F's argument is that the plaintiffs are not the members of the defendant C church because they are not the members of the defendant C church, and there is no right to seek to inspect and copy documents such as the books and documents from the defendant C church, D, and F. Furthermore, the issue related to the finance of the defendant C church was resolved due to punishment against the defendant C church and related criminal judgment, and in particular, since the financial transactions account in the name of the defendant D and F are private areas and there is no right to request the plaintiffs

In addition, the plaintiffs are related to the finance of the defendant C church.

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