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(영문) 서울북부지방법원 2021.01.28 2020가합26243
무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A and Plaintiff B (one person) are the head of the E church belonging to the J religious organization, and Plaintiff C is the member of the E church.

The defendant is the D Association of J religious organizations to which the E church belongs.

B. The provisions of the J Religious Organization’s Constitution (hereinafter “Constitution”) related to the selection as the chief executive officer are as follows.

religious order Article 41 of the Constitution (Chapter 41)

2. Authority and duties;

(a) Ro-ro is a path member who is the representative of the faculty and who establishes administration and authority in collaboration with the pastor;

(b) The senior executive officers shall take charge of administrative affairs, such as the senior executive officers, at all levels of the Council;

3. Selection procedures.

(a) 25 members of the three-dimensionals shall be selected as the head, who are recommended at the meeting of the Council by the affirmative votes of 2/3 of the number of members, or by the votes of 2/3 or more of the number of members of the regular office members of the church who are recommended by the members of the church who are not a meeting of the Council;

(b) Any person selected by vote shall complete the prescribed education at the local council and petition it to the local council and, if the person passes the examination, be in charge of the isolation in accordance with the prescribed procedure and be in charge of the quarantine.

(c)

Around December 2017, F, who is a member of the E church, received a written petition for a trial on November 26, 2017, to establish a private house G and H as the head of the E church. On the other hand, on November 26, 2017, the Defendant received a written petition for a trial to be attached to the register of the E church members (hereinafter “register of the instant church members”), and on February 6, 2018, the Defendant passed a resolution to approve G and H as the head of G and H (hereinafter “instant resolution”).

(d)

The register of the instant political party’s meeting states to the effect that “Plaintiff A, B, and F attended on November 26, 2017 and elected G and H as a candidate and decided to petition for the future through the vote of the general meeting of the affairs and affairs,” and the seal of Plaintiff F and clerk, who is the chairman of the party’s meeting, affixed the seal of Plaintiff A.

E. The plaintiffs filed a complaint with the defendant Do Council on the grounds that F had falsely recorded the register of the party council in this case, and the defendant Do Council on February 2, 2020 shall be the party council of the E church.

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