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(영문) 서울고등법원 2017.03.31 2016나2085737
목사지위확인의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 10, 2010, the Plaintiff A (F) who was in office as a member of the instant church had the retirement age (70 years of age) and was waiting for himself/herself as a senior pastor on October 10, 201, and held and passed a joint council for the election of pastors (hereinafter “instant joint council”) with the aim of visiting the Plaintiff B, who is one of his/her own children as a succeeding pastor, and decided on it.

B. The members of the instant church can not be the joint council chairperson, and the temporary council chairperson should handle the above agenda as the chairman of the instant joint council. ② The joint council shall be convened by the resolution of the party council (referring to the association organized by the D church pastor and the head, and the superior council members shall be the defendant association). There was no resolution to convene the party council meeting as to the instant joint council, and ③ the same church pastor shall not be allowed to be a member of the church as a member of the 88th general meeting resolution, in violation of the matters of the resolution of the instant joint council, on the grounds that the plaintiff B, who was a member of the instant church, was admitted to be a member of the church, was found to be a member of the church, and there was a number of controversy over this.

C. Although a separate joint council was not held in addition to the instant joint council, Plaintiff A falsely prepared documents as if the joint council was held on April 11, 2011 and the resolution was made with the same contents as the result of the instant joint council, and on the premise of this, Plaintiff A filed a petition with the Defendant Labor Union for the “Cheongro Bags and Dogs of delegated pastors” on the premise of the petition, and was authorized by the Defendant Labor Union Order 181 rendered on October 13, 201.

Around March 16, 2012, eight members of the instant church, who were in conflict with the Plaintiffs, filed a complaint against the Plaintiffs with the Defendant Labor Association.

E. On July 25, 2012, Plaintiff A, in violation of the General Assembly Constitution and the 88th General Assembly resolution, is proceeding with the instant Joint Assembly.

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