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(영문) 광주고등법원(전주) 2012.01.12 2011나2048
건물명도등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be those resulting from the supplementary participation.

Reasons

1. Basic facts

A. The G church (hereinafter “instant church”) originally belonged to the HEU under the A religious organization (hereinafter “A religious organization”). From September 200, A religious organization appears to have been divided into the I General Assembly, the J General Assembly, and the K General Assembly, and around October 200, A religious organization decided to open a church and take into account the situation without joining any of the above general assemblies divided between the parties, and thereafter the instant church actually suspended the activities of A religious organization and A religious organization’s H latter branch church.

B. Around that time, according to the chapter 13 of the church constitution, where the church of this case was followed, the church is organized into a branch church pastor and a head of the church, which is an agency in charge of the religious affairs and activities of the members by exercising authority, such as deciding the membership and retirement of the members, supervising each agency of the church, supervising the members, expulsion, withdrawal, and dismissal of the members, and taking charge of the religious affairs and activities of the members. In a case where there are two or more head of the church such as the church of this case, it was stipulated that a meeting can be held with attendance of a majority of the head of the church and the head of the church.

C. On January 30, 2001, the instant church had been holding a joint council to cast a new vote to the pastors and the heads of the instant church (as of December 15, 2001, hereinafter “the retirement age”) and 17 Sic armed forces consisting of M, N,O, P, Q, R, S, T, U (hereinafter “M et al.”) and 17 Sic armed forces, with knowledge about the retirement of L pastors and the operation of the church. However, on December 30, 201, in order to solve the above situation, the instant church held a joint council to cast a new vote to the pastors of the instant church and the heads of the instant church, while the new voting results obtained that L pastors and the remaining heads of the instant church are new, it became impossible to become a member of the instant church due to the lack of new meetings by other Ma8 et al.

The resolution is called ‘the Joint Council Resolution of December 30, 2001'.

(d) under A religious organizations subsequent to L pastors;

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