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(영문) 서울고등법원 2019.06.27 2018나2008109
공동의회결의무효확인
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s resolution of the Joint Council on March 19, 2017 is “the election of the senior executive officer as the president”.

Reasons

1. Basic facts

A. The defendant is a branch church that belongs to L religious order (hereinafter referred to as “instant religious order”) and the defendant’s church is composed of a standing pastor and a head of a Ri (Article 7(1) of the Articles of Incorporation), and the plaintiffs are part of the defendant’s members of the Ri (hereinafter referred to as “head of the Ri”).

B. The Defendant’s election as the head of the political party is to recommend candidates at the meeting of the political party and to be elected by the Joint Council (Articles of Incorporation) (Article 21(2)). In order to recommend candidates as the head of the political party, a resolution is required by two-thirds or more present at the meeting of the political party and by the affirmative votes of two-thirds or more present at the meeting (proviso of Article 9 of the Articles of Incorporation), and the Joint Council shall elect as the affirmative votes of two-thirds of the number of voters.

(Articles of Incorporation, Section 3). (c)

At the temporary conference of the Defendant on February 26, 2017, the Defendant passed a resolution on the “case of recommendation for full-time employment to seven candidates” and “case of O sale” (hereinafter “instant resolution”).

Defendant Q, the president of the political party branch of Q, based on the resolution of the political party branch of this case, announced the convocation of a joint council on March 19, 2017, wherein “O sale” and “election of the senior executive” are the agenda items, etc., of “O sale” and “election of the senior executive in the future,” etc., on the basis of the resolution of the political party branch of this case. D.

At the joint council held in accordance with the public notice of the above convocation, a resolution to elect the candidate as the chief executive officer was made.

(hereinafter referred to as the “the above Joint Council Resolution”) regarding the agenda item on the “the election of the senior executive officers” shall be deemed to be “the instant Joint Council Resolution.”

8 persons, including Q and the Z, belonging to the instant Trade Association and the Defendant’s new roads, were found to be null and void of the resolution delegated by Q to Q and the instant Trade Association to the Defendant’s delegated wood company (the president of the Party), and Q shall not perform his duties as a delegated wood company (the president of the Party) by filing a lawsuit against Q and the instant Trade Association, and Q shall not perform their duties as a delegated wood company (the president of the Party) on February 4, 2016.

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