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(영문) 서울고등법원 2017.02.10 2016나2052096
공동의회결의무효확인의 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. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except where the court added the judgment on the plaintiffs' claims raised additionally in dismissal or trial as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420

2. The defendant in the fourth fourth part of the judgment of the court of first instance in the height is the "defendant".

The second second part of the judgment of the court of first instance is moving "Plaintiff P" to "Plaintiff D."

The sixth fourth step of the judgment of the court of first instance shall be "9.5." to "9.4."

3. Determination on the additional argument

A. Judgment 1 on the number of incumbent teachers’ assertion 1) The NJ Constitution and the Enforcement Rule of the Constitution (hereinafter referred to as “School Constitution” and “Enforcement Rule”) respectively.

(2) According to the resolution of the instant joint council, the registered instructors at the time of the resolution of the instant joint council is 120 members (=31 members, P, 89 members, P, and 72 members, who were registered at the time of the resolution of the instant joint council. Therefore, the resolution of the instant joint council only obtained the consent of 2/3 of the registered teachers, and thus, is null and void on the ground that the decision of the instant joint council did not satisfy the “Quorum for the withdrawal from the religious order to which they belong or for the change of the religious order to which they belong.” 2) On September 28, 2014, 2014, the number of the members, who were the mother in the U reading room, was 31 members, on September 28, 2014

The evidence that conforms to the plaintiffs' assertion is difficult to believe, or such evidence alone cannot be admitted.

B) There is no dispute between the parties, or comprehensively taking account of the overall purport of the arguments in Gap evidence No. 8-1, No. 2, and Eul evidence No. 51, the Constitution of the church and the enforcement rules can be acknowledged as follows. Article 16 of the church Constitution (the obligations of the members of the church are jointly assumed by the members of the church).

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