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(영문) 대전고등법원 2016.04.29 2015나13315 (1)
목사면직결의무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. D church status D church (hereinafter “D church”) was established on March 3, 1986 as a branch church belonging to B religious organization C management association established on the status of the D church (hereinafter “Defendant’s association”), and the location of which the articles of association, which is its bylaws, was stipulated as “F in the astronomical City.”

B. On December 7, 2008, the Plaintiff, who was a member of the D church, held a joint council on the D church on December 7, 2008, transferred the location of the D church to the Northwest-gu E (hereinafter the Plaintiff et al., moved to the “E church” and the church remaining in the D church association as it remains, shall be referred to as the “F church association.”

(2) Since the resolution of the above joint council, a number of members, including G, etc., oppose the transfer of a church, who attended the joint council, 26 of the 47 members, who agreed to the resolution of the joint council, and 24 of the members who agreed to the resolution of disposing of the land and buildings of the D church, and 23 of the members who agreed to the resolution of the transfer of the church by leasing the building in E with the rental deposit of KRW 140,000,000.

Accordingly, on December 28, 2008, G et al. submitted a written petition to the Defendant Labor Union against the Plaintiff, and the Defendant Labor Union organized the “D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Dddddddddddddddddddddddd

On May 7, 2009, the committee accepted the above cancellation petition and passed a resolution to revoke the plaintiff as a member of the D church (hereinafter “instant cancellation resolution”), and on June 25, 2009, reported the cancellation resolution of the instant case to the Defendant Labor Union.

3. The Plaintiff, without obtaining the approval of the Defendant’s labor union regarding the transfer of the D church, was stationed in the E-Appellee from February 1, 2009, and on September 14, 2009, the location of the D church as “Seo-gu, Seocheon-gu, Incheon” and the name of the organization as “B religious organization D church.”

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