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(영문) 부산지방법원서부지원 2019.03.28 2018가합492
교단탈퇴 및 공동의회 결의에 관한 소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 2018, the Plaintiff is a pastor dispatched from F religious organization G to the president of the H church. The Defendants are the members of the H church.

B. The Defendants and I held a “emergency meeting” on July 9, 2018, and resolved to leave the order of a temporary chairman of a party or a H church as a unanimous resolution (hereinafter “instant resolution”).

On July 16, 2018, HGE published the “public notice of withdrawal” to the effect that “the present church and missionary missionary officer shall pass a resolution to withdraw from the Assembly of F Religious Organizations (Dong) and G in the name of the E press.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 and Eul evidence 2 and 3, the purport of the whole pleadings

2. The instant resolution made by the Plaintiff on July 9, 2018 by the Defendants on the ground that there is a serious defect in violation of the convocation procedure stipulated in the Assembly Constitution of the F Religious Organizations.

In other words, the resolution of this case was not convened by the chairman (Plaintiff) who is a legitimate convening authority of the joint council, and the date and agenda of the joint council were not determined after the meeting, and there was a serious procedural defect such as not being advertised or notified to the church one week prior to the date and agenda of the meeting.

Therefore, the Defendants seek to confirm the invalidity of the resolution of this case made on July 9, 2018 and the notification of withdrawal from the religious order to E press on July 16, 2018.

3. We examine, ex officio, whether the instant lawsuit is legitimate or not, ex officio, as to whether the instant lawsuit was lawful.

In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when a judgment of confirmation is rendered as the most effective and appropriate means to eliminate the risks existing in the rights or legal status of the parties

First, we examine the claim(1) of the claim.

The plaintiff is seeking confirmation of the invalidity of the above resolution against the defendants attending the resolution of this case.

However, a corporation.

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