Cases
2012 Maz. 13651 Maz. Maz. Maz. and Maz. Maz. Maz.
Plaintiff
1. A;
2. B
[Judgment of the court below]
Defendant
A person shall be appointed.
Law Firm Southern River, Counsel for the plaintiff-appellant
Attorney Kim Jae-young
Conclusion of Pleadings
June 25, 2013
Imposition of Judgment
July 19, 2013
Text
1. All of the plaintiffs' lawsuits of this case are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Purport of claim
Seoul******* the Gu*************************************** as the chairman of a church and abstin, respectively:
that the status does not exist.
Reasons
1. Summary of the plaintiffs' assertion
(a) The plaintiffs are Seoul***** the Gu** such************************************ council * union maintenance materials*
Provided, That the defendant is the head of a church** (hereinafter referred to as a "* a church") and the defendant from 1979 to ** church members of a church * church.
In addition, he/she is a person who was in office as the president and resigned from office as a person on June 30, 2012.
B. The defendant's letter of resignation * is accepted by the members of the church * as well as the defendant
on October 29, 2012, 2010. * Union members who have embezzled the trust real estate or the church contribution.
In accordance with the Labor Union Disciplinary Decision to which the Council belongs, he/she was subject to removal from his/her post.
C. Accordingly, the plaintiffs exist as the defendant ** the chairperson of the church and the pastor of the church.
of this case, the absence of such agreement shall be confirmed.
2. Judgment on the defense of this safety (the existence of benefit of confirmation)
As to this, the defendant has the right to the lawsuit of this case between the defendant and the third party* the right to the church *
or to seek confirmation of the existence of legal relations and the effect of that judgment* church*
As such, there is no interest in confirmation because it does not extend to this paragraph, and there is no interest in confirmation.
Lawsuits for confirmation, scambling and danger existing in current rights or legal status;
In order to eliminate such apprehensions and risks, it is most effective and appropriate to obtain a confirmation judgment.
The plaintiffs are allowed only in the case. However, in this case, the plaintiffs are the defendants.
The absence of the defendant's non-party * the chairperson of a church and the status of a pastor is sought by the party members.
F. Even if the judgment citing the claim has been rendered, that judgment is a third party** To the church*
No speed shall extend to the speed (see Supreme Court Decision 97Da4104 delivered on November 27, 1998, etc.).
D. The plaintiffs' lawsuit of this case is the most fundamental resolution of the dispute between the defendant and * church.
Inasmuch as there is no benefit of confirmation because it cannot be a valid and appropriate method, it shall be deemed unlawful in its entirety.
(c)
3. Conclusion
Thus, the plaintiffs' lawsuit of this case is all unlawful and thus it is decided to dismiss it.
shall be decided as above.
Judges
Judges Cho Jong-hee
Judges Eno-ju
Judge Lee Jin