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(영문) 서울고등법원 2019.07.05 2018나2063175
파면무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds for this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on this safety defense

A. (1) Whether there exists the benefit of confirmation of the claim of the Defendant church (1) and the Plaintiffs, as the pastors belonging to the Defendant church (hereinafter “G”), were admitted to the BA Religious Organization that denies the religion of the AZ, which is the core of the doctrine of the Defendant church, by destroying the AZ religion, and constituting an independent organization, and then constituting the AZ religion organization.

In addition, the plaintiffs are operating a finance separately from the defendant church in order to independently walk the unconstitutional fund.

As such, as long as the plaintiffs establish a separate religious community and withdraw from the defendant church, there is no interest in confirming the invalidity of each of the dispositions of removal of this case.

② Even if the Plaintiffs did not organize G and withdraw from the Defendant church, the Plaintiffs’ claim seeking confirmation of the invalidation of each of the dispositions of this case is merely a dispute over the past legal relations, as long as the Plaintiffs still engaged in the activities of the Defendant church, such as having been paid the case fees, etc.

(2) Whether the instant disposition is subject to judicial review or not falls under the jurisdiction judgment on the act that the Plaintiffs violated the fundamental identity of a church, such as denying the AZ religion and organizing a separate religious community, etc., and thus, it is not subject to judicial review.

B. (1) Determination on the existence of the benefits of confirmation (1) In determining whether or not the plaintiffs withdraw from the defendant church, the following circumstances are followed, namely, whether or not the members expressed their intent to withdraw from the church, and how the doctrines and methods of worship which the previous church followed are discarded, and other doctrines and methods of worship.

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