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(영문) 서울남부지방법원 2017.06.02 2016가합109063
대표자지위부존재확인청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a branch church belonging to the Korean ENo Association (hereinafter referred to as the "Eno Association") of Yangcheon-gu Seoul Metropolitan Government D, and the plaintiff is the defendant's member.

B. The Defendant’s members, from around 2008, divided into F church operation and the church property embezzlement suspicion, etc., and divided into F (hereinafter “F members”) and opposing members (hereinafter “Dissenting members”), and generated a division between the members.

C. On November 29, 2010, F was indicted of occupational embezzlement, etc. on the part of the Defendant’s property on December 2, 2011, and was sentenced to four years of imprisonment (Seoul Southern District Court 2010Gohap547), the appellate court (Seoul High Court 201No3629) and the appellate court (Supreme Court 201Do7371). After reversed and remanded on March 8, 2013, F was sentenced to a two-year conviction of imprisonment at the appellate court (Seoul High Court 2012No3141) and became final and conclusive by dismissal of F’s final appeal on May 24, 2013 (Seoul High Court 2012No3141).

(Supreme Court Decision 2013Do3734). D.

On September 24, 2012, EEU dismissed F from a pastor, and dispatched C to the Defendant as a temporary president on February 4, 2013.

E. On May 3, 2015, the opposing members held a joint council and resolved to see C as a delegating pastor, and filed a petition with the ENo Association with the signature of 340 members, and the Enono Association approved it.

(2) The general assembly of this case and the articles of incorporation of the defendant are as follows. The collective assembly of this case and the joint assembly of this case adopt a resolution of seeing C as a delegated pastor and obtaining the signature from the members. The resolution of this case and the defendant submitted a petition see C as a delegated pastor to the ENo Association (hereinafter “this case’s hearing”).

The following are referred due to the time and circumstances in which a title of Chapter IV of the Assembly politics of the Constitution of the Republic of Korea (titled to a title of a pastor) is included.

1. A delegate: limited;

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