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(영문) 의정부지방법원 고양지원 2018.12.21 2018가합73365
대표자지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. D, on May 20, 2006, established the Defendant church belonging to the Foman Association with the second floor of the building in Bupyeong-gu, Seocheon-gu, Seoul and the second floor of the E-building at its domicile, and was in office as the officer and employee of the Defendant church, and retired from the post of post at early 2014.

B. On March 7, 2014, C was dispatched to the pastors of the Defendant church from the G Labor Association, and on April 11, 2014, after the Defendant church was appointed as the pastors of the Defendant church, C issued a non-profit corporation identification number certificate (H) with respect to the Defendant church, and on July 10, 2014, the Defendant church’s representative was changed to C with his domicile to the Goyang-gu I.

C. On September 20, 2014, the Plaintiff received a pastor from the G Labor Association. On December 6, 2015, the owner of the Defendant church, the Plaintiff completed the registration of change of the registered titleholder who changes himself/herself as the representative of the Defendant church on December 6, 2015, and on February 4, 2016, the head of the Dongyangyang District Tax Office entered the name of the Defendant church into the name of the Defendant church as the name of the name of the Defendant church, and submitted documents accompanied by the minutes of the office meeting, etc. to the head of the Dongyangyang District Tax Office, which is issued a non-profit corporation identification number (M) from the head of the Dongyang District Tax Office on February 19, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 9, Eul evidence 1 to 7 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion is the three-party church members belonging to the defendant church, and C is not in the representative status of the defendant church for the following reasons.

① At the time of the temporary resignation of the Defendant church, C violated the provisions regarding the resignation of a pastor stipulated in the Constitution of the NM, and did not receive a written consent of the transfer from the FMM, which was the pre-existing church. Since C did not go through legitimate procedures, such as forging the minutes of the church, the articles of association, and the strike, without going through the resolution of the defendant church, it did not go through legitimate procedures. Therefore, C’s temporary dismissal.

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