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(영문) 서울고등법원 2018.11.09 2018나2024972
대표자(임시담임목사)지위부존재확인
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 May 20, 2006, E established a church belonging to the A religious organization general assembly (G) (hereinafter “instant church”) with two floors of the F building in Bupyeong-gu, Seocheon-gu, Busan and its domicile, and then retired from the post of post of post of post of post of the instant church in early 2014.

B. On March 7, 2014, the Defendant was dispatched from the Labor Association of the International Assembly of Religious Organizations to the pastors of the instant church. On April 11, 2014, the Defendant taken office as the temporary pastors of the instant church, and issued a non-profit corporation identification number (L) with respect to the instant church on April 11, 2014, and on the permission for the woodland burial on July 10, 2014, the Defendant changed the representative of the instant church to the Defendant and the domicile of the Gyeyang-gu, Yangyang-gu.

C. On September 20, 2014, Plaintiff C received a pastor from the Joyang-gu International Assembly of Religious Organizations on September 20, 2014. On December 6, 2015, Plaintiff C completed the registration of change of a registered titleholder who changes himself/herself as the representative of the instant church on December 6, 2015, and on February 4, 2016, Plaintiff C entered the “A religious organization B church,” which is the same as the name of the instant church, into his/her domicile, into the “Yyang-gu, Goyang-gu N, Yangyang-gu,” and submitted documents accompanied by the minutes, etc. of the Woyang-gu Office meeting on December 6, 2015, and received a certificate of change of a registered titleholder who changes himself/herself as the representative of the instant church from the head of the same tax office on February 19, 2016.

[Ground for recognition] The facts without dispute, Gap evidence Nos. 3 through 6, 8, Eul evidence Nos. 1, 2-1, 5, 6, 7, 8, 22, and 31 of evidence Nos. 2-1, 5, 6, 7, 8, 22, and 31 of evidence and the overall purport of the pleadings [the plaintiff asserts that Eul evidence No. 1 was forged by the defendant. However, the testimony of Gap evidence No. 13 and witness E of the first instance court is insufficient to acknowledge such facts, and there is no other evidence to prove them];

2. The families of Plaintiff C’s assertion are with E pastors and with the instant church.

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