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(영문) 서울고등법원 2016.06.24 2015나2057452
공동의회결의무효확인
Text

1.The judgment of the first instance shall be modified as follows:

All of the plaintiffs' lawsuits are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. Since its establishment on February 9, 197, from around May 1998 to Korea Diplomatic Association (integrated) of Korea (hereinafter referred to as the “instant religious order”) it was affiliated with the instant religious order, and thereafter, it was a branch church affiliated with the instant religious order. The Korea Diplomatic Association (integrated) of Korea Diplomatic Association (hereinafter referred to as the “Plaintiff Union”) is an association affiliated with the instant religious order, which had jurisdiction over the Plaintiff church, and Plaintiff B was affiliated with the Plaintiff church from around December 9, 1997 to the temporary pastor of the Plaintiff church.

B. From February 2014, Plaintiff B attempted to merge with Plaintiff church and D church. During that process, there was a dispute between Plaintiff B and the members of Plaintiff church.

C. Plaintiff B filed a complaint with the Plaintiff’s association on the ground that the head of the Plaintiff church E and the I, who violated Article 3 of the Constitution of the instant religious order (hereinafter referred to as the “Constitution”). On July 21, 2014, the trial court composed of the Plaintiff’s association, decided to attend the Plaintiff church for the head of E, and decided to attend the Plaintiff church on July 29, 2014.

The judgment on I as to an internal collector was finalized around that time due to the waiver of the appeal, but the judgment on E with respect to E was finalized on January 6, 2015 by the judgment on dismissal of the appeal by the general assembly trial of the instant religious order.

Meanwhile, on June 9, 2014, the head of the above Chapter E and the head of the plaintiff church requested the plaintiff B to convene a joint council, but the plaintiff B did not comply with the above request, and on July 1, 2014, the number of the members of the plaintiff church including the above E and F, 4 members of the plaintiff church, including the above E and F, filed an application for the convening of a joint council with the head of the non-council with the aim of dismissal of the representative of the plaintiff church B (U.S. District Court Branch Branch Branch Branch Branch Branch Branch Branch 2014 non-joint 40), and on October 27, 2014, the above court decided to permit the convening of a joint council.

E. The members of the Plaintiff church shall be November 2014.

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