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(영문) 대전지방법원천안지원 2014.09.17 2013가단20096
사해행위취소
Text

1. It was concluded on November 4, 201 between the Defendant and C as to the claim for the refund of the lease deposit stated in the attached Table 1.

Reasons

1. Basic facts

A. D church (hereinafter “D church”) is a branch church affiliated with E established around March 1986 (hereinafter “E”), which is established around March 1986, the articles of association, which is its bylaws, provides that the articles of association shall be located in F at the time of the innate.

B. C, on May 19, 2008, assumed office as a member of the staff of the D church, was held on December 7, 2008, by holding a joint council on D church's location to vote on the agenda to be transferred to the Seo-gu, Seo-gu, Seocheon-gu.

The above joint council agreed to the agenda that 26 of the 47 members, from among the 47 members, present, 24 members among them, disposed of the land and buildings of the D church, and 23 members agreed to the agenda that they move the church by leasing the building in G in the amount of KRW 140 million as the lease deposit.

C. After the above resolution of the joint council, a considerable number of members including H request C to convene a joint council again while opposing the transfer of the church, but C did not accept it.

On December 28, 2008, H et al. submitted to E a written petition for sabaging with respect to E, and on June 25, 2009, H et al. resolved to cancel the membership of the D church to be a member of the D church.

C, from February 1, 2009, without the E’s approval as to the transfer of the D church, the Defendant church had been stationed in the worship from February 1, 2009, and on September 14, 2009, the name of the organization was “Songbuk-gu G” and the name of the organization was “B church” at the competent tax office. On January 17, 2010, the articles of incorporation (the location was determined as “Songbuk-gu G in the Seoan-gu in the Seoanan City”) was newly prepared.

E. On August 25, 2010, the I General Assembly Decision dismissed C’s director-general who seeks to determine the invalidity of the resolution for the cancellation of the membership of the DI General Assembly. On the other hand, the I General Assembly Decision ordered E to allow the division of a church according to the resolution for the relocation of D church and implement the administrative procedure accordingly.

Accordingly, the I General Assembly Maintenance Foundation, which is a trial corporation, belongs to E as a church which is divided into the defendant church at the Diplomatic Association.

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