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(영문) 수원지방법원 2016.01.14 2015가합60132
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion that the properties of the plaintiff church are collectively owned by the general meeting of members, i.e., the resolution of the general meeting of members, pursuant to Articles 275 and 276 (1) of the Civil Code, since there are no special provisions on the use, management, and disposal of the properties of the plaintiff church under the church law

I would like to say.

However, in collusion between Nonparty C and the Defendant, solely with the resolution of 47 members who forged the church law and D minutes and forged and forged them, the head of Suwon District Court completed the registration of establishment of a neighboring real estate entered in the separate sheet No. 84713, which was completed as of September 8, 2010, as to each real estate listed in the separate sheet No. 22934, which was completed as of September 8, 2010, as of the registration of establishment of a neighboring real estate entered in the separate sheet No. 22934, which was completed as of September 8, 2010, and the registration of establishment of a neighboring real estate entered in the separate sheet No. 12562, which was completed as of September 8, 2010.

Therefore, the registration of the establishment of each of the preceding units of this case must be cancelled as the registration of invalidity of cause.

2. Determination on the defense prior to the merits

A. The defendant's defense E is not the legitimate representative of a church with the power of representation, and there is no legitimate resolution for filing the lawsuit of this case. Thus, the lawsuit of this case is not only by a person without the power of representation but also by a person without a legitimate resolution for filing a lawsuit, and is unlawful

B. According to the evidence No. 1 as to the existence of representation right of E, the church law submitted by the Plaintiff (hereinafter “the church law”) shall be “Article 8 (Composition)” in the articles of association of this case.

1.The administrative body shall be composed of the members of the church who are not less than 18 years of age and who have been registered with the highest deliberative body on all the operations of the church and who are not less than 1 year of age as the F.

2. An administrative council; and

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