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(영문) 서울고등법원 2015.10.07 2015나6953
총회특별재판위원회 판결무효확인
Text

1. The defendant assistant intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor joining the defendant.

purport.

Reasons

1. Whether the defendant's assistant intervenor's appeal is legitimate;

A. The plaintiff's assertion that the defendant assistant intervenor filed the appeal of this case with the representative representative as associate pastors I, and since I is not in the position of legitimate acting director of the defendant assistant intervenor, the appeal of this case by the defendant assistant intervenor is unlawful as it is filed by a person without the power of representation.

B. Subsequent to the litigation conducted by the representative of an unincorporated association, who is not a legitimate representative, the legal representative becomes retroactively effective upon ratification of the litigation (see Supreme Court Decision 2011Da70169, Apr. 13, 2012). In full view of the health records and evidence No. 13 as to the instant case, the Defendant’s General Assembly Trial Committee rendered a judgment ordering J on Nov. 22, 2013 to attend the court (2013 total03; hereinafter the same shall apply in this case) against the Defendant on which the Seoul Central District Court 2013Kahap260, which declared that the appeal of this case was invalidated on Nov. 22, 2014, the Seoul High Court 203 J. 206 declared that the Defendant filed a provisional disposition ordering the Defendant to suspend its validity, etc., on June 12, 2014, and the Seoul High Court 201 J. 23, which also dismissed the Defendant’s appeal of this case against the Defendant 201.

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