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(영문) 서울남부지방법원 2020.01.31 2018가합110395
임시교인총회결의 무효확인 등의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant church, as a party, was a branch church belonging to the Assembly of Religious Organizations B (Dong).

On April 5, 2015, the defendant church held a joint council and passed a resolution to invite the plaintiff to the Si Council pastor, and the plaintiff had performed his duties as the Si Council pastor since that time.

On the other hand, the pastor E, who was dispatched by the Korea Labor Association at the time of the above resolution, is in office as a temporary president, was released from the office of the provisional president on April 11, 2016.

B. On October 27, 2015, the members of the Defendant church at the general assembly, which is temporary guard on November 22, 2015, demanded that E, who was the temporary president of the political party on October 27, 2015, hold a joint council with the appointment of the Speaker pro tempore and the chairperson and the appointment of members of the Emergency Countermeasure Committee (hereinafter “non-Subrogation”) as an agenda item, but refused to hold a joint council on November 15, 2015.

Accordingly, the members of the defendant church held a temporary joint meeting on November 22, 2015, and the 17 members present among 30 members registered, and the 23 members present at the 19 members with the consent of 19 members with the consent of 19 members, such as a resolution to appoint F as a non-Subrogation chairperson, G, H, I, J, K, K, and L respectively as a non-Subrogation member.

C. On November 26, 2015, the members of the Defendant church at the general assembly, which is the temporary guard on December 20, 2015, demanded E to hold a joint council consisting of the items to be amended in its articles of association on December 13, 2015, but refused to hold a temporary council on December 20, 2015, and then passed a resolution to substantially enact its articles of association (hereinafter “instant articles of association”) with the consent of 20 members, while the 30 members are present at the meeting of 20 members in total.

Some members of the defendant church, including I of the temporary teachers' meeting on August 13, 2017, held a temporary teachers' meeting on August 13, 2017 (No. 2017 non-joint teachers' meeting) by the decision of this court, and cast a vote on the agenda in which the plaintiff re-exploiting the plaintiff as the secretary-general. However, 45 of the total voting right holders (unexploitant) attend the meeting and agree only 20 of the participants.

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