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(영문) 부산고등법원 2017.09.13 2016나53435
면직처분등무효확인 등
Text

1. Of the judgment of the first instance, the part of the Plaintiff’s claim for nullification of the disposition indicated in Annex A No. 3 shall be revoked, and such revocation shall be revoked.

Reasons

Basic Facts

The reasoning for this part is as follows. This part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance, in addition to the entry or addition of a part of the "1. Basic Facts" of the judgment of the court of first instance. Thus, it is accepted by the main part of Article 420 of the Civil Procedure Act

A. Since the establishment of a general assembly on September 1, 1912, the KCAC joint church (hereinafter “instant religious order”) has established a meeting, a union, a competition, and a general assembly.

As a branch church belonging to the defendant's association, the Korea Egyptian Association (hereinafter referred to as the "instant church") is a member church belonging to the defendant's association, and the plaintiff A is a person who has been appointed as the sixth member church and has been in office as the above church.

Plaintiff

B and C have supported Plaintiff A as the secretary of the church of this case.

On May 18, 2015, Plaintiff A withdrawn from the religious order of this case after obtaining a written confirmation of withdrawal from the religious order from Plaintiff B, C, etc., which supported him/her on May 20, 2015. At that time, Plaintiff A, an incorporated association that made Plaintiff A as a member of A, signed the Korean Empic Assembly of Korea (Joint Remuneration) and the Korean Empic Assembly of Korea (Joint Remuneration), and passed a resolution to return to the religious order of this case on November 9, 2015.

Judgment of the first instance court

(j) the addition to paragraph (1).

I. Plaintiff A’s petition for retrial 1) On November 9, 2015, an incorporated association that made Plaintiff A as a member of the Plaintiff Company, passed a resolution to return to the instant religious order on November 9, 2015, and Plaintiff A filed a petition for review on November 12, 2015 to determine the validity of the disposition to dismiss Plaintiff A by the instant religious order general assembly and by the Defendant Trade Association. 2) On December 21, 2015, the board of directors of the instant religious order general assembly transferred Plaintiff A’s petition to a member of the general assembly’s contribution division, and the general assembly contribution division again transferred the petition to a trial division.

On June 7, 2016, the General Assembly trial division shall be the defendant Nowon-gu.

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