1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance cited the same as the reasoning of the judgment of the court of first instance, except for the addition to the following, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

2. Additional part (this safety defense relating to status as the head ofC); and

A. On December 5, 2010, C, a special representative of the Defendant’s assertion, voluntarily resigned from office as the head of the Plaintiff church, and on March 25, 2012, as the written resignation was accepted at the council of the Plaintiff church on March 25, 2012, it cannot be the Speaker pro tempore of the Joint Council as of October 9, 2016, and therefore, there is a defect in the resolution of the said Joint Council.

In addition, the above C is not the head of the plaintiff church, and it is not the party representative of the plaintiff.

B. 1) First of all, we examine the Defendant’s defense of safety that: (a) whether C is a special representative of the Plaintiff in connection with the instant lawsuit; and (b) upon the application of C on April 20, 2017, the Seoul Western District Court decided to appoint C as a special representative of the Plaintiff; and (c) the Defendant’s defense of this part of the instant lawsuit is without merit, regardless of whether C resigns as the head of the Plaintiff church, regardless of whether C withdraws from his/her position as the head of the Plaintiff church. (b) The Defendant’s defense of safety was procedural defect that was conducted by C, who was not eligible as the Speaker pro tempore, by the Joint Council of October 9, 2016.

According to Gap evidence Nos. 2, 3, and 5 (including branch numbers in which there are branch numbers), and Eul evidence Nos. 3, C submitted a letter of resignation to resign from the office of a plaintiff church on or before December 5, 2010, which was the head of the party branch at the time, withheld the resignation of C, and thereafter C has withdrawn his intention of resignation and continued his/her office around October 2, 201, while the creditor church church passed the agenda for resignation of C on or around March 25, 2012, but at the Assembly of A Religious Organizations, it was intended to resign from office on or around September 10, 2012.