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(영문) 부산지방법원서부지원 2019.06.20 2018가합101272
공동의회결의 무효확인의 소
Text

1. In January 28, 2018, the Defendant’s joint conference resolution that “the Defendant withdraws from C Educational Group” is invalid.

Reasons

1. Basic facts

A. The plaintiff is the head of the defendant church, and the defendant is the church affiliated with C (hereinafter "Defendant church").

B. On January 19, 2018, E, which was the head of the Defendant church, as of January 19, 2018, filed a complaint against the violation of the resolution of the General Council, the violation of the C Constitution, etc. against the F of the Defendant church members who were the members of the Defendant church, at the time of December 2017.

On January 19, 2018, the D Association notified the Defendant church that “The D Association is to suspend F’s duties of delegated pastors as of January 19, 2018 and to temporarily send H pastors as of January 19, 2018, in accordance with Article 46 of Chapter VI of the Ordinance on Disciplinary Powers.”

C. On January 20, 2018, the members of the temporary church of the defendant church convened the temporary council of the defendant church on January 20, 2018, and the above temporary council decided to hold the joint council of the defendant church on January 28, 2018, which covers the "the withdrawal from the religious order of the defendant church" as an agenda item.

On January 27, 2018, the judgment ordering F to remove from a religious order on the ground that “F illegally convened a church on January 20, 2018 and passed a resolution to leave the religious order and attempted to leave the religious order illegally by convening a joint council of the Defendant church on January 28, 2018, although the duties of the chairman of the church were suspended on January 19, 2018.”

E. On January 28, 2018, the collective council of the defendant church is established under Article 16 (Organization) ① the articles of association of the defendant church, which is the highest decision-making body of the church.

(2) Members shall be the persons who enter the same church without any defects registered as members.

On January 28, 2018, the Defendant church held a joint council (hereinafter “instant joint council”) and passed a resolution to leave the C religious order with the consent of 625 voters among 710 voters (hereinafter “instant resolution to leave the religious order”).

(f) The sending to F, removal from office, and dismissal judgment D shall be chaired by F on February 24, 2018.

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