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(영문) 서울고등법원 2016.09.01 2016나2013916
건물명도
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, except for deletion, addition, or modification, and thus, it is identical to the reasoning of the judgment of the court of first instance.

The third 16 parallel "1,539 persons" shall be deleted, and the third 17 parallel "1,121 persons" shall be amended to "Multiple Persons".

In the 14th sentence of the first instance judgment, “the case where the resolution of the instant teachers’ general meeting is null and void” shall be amended to read as “the resolution of the instant teachers’ general meeting is null and void, and the members who agreed to the resolution can be deemed to have withdrawn collectively from the previous church.”

The 16th sentence of the judgment of the first instance shall be amended from the 19th sentence to the 19th sentence.

"No.4." Even after the judgment becomes final and conclusive in the second and third lawsuits, the defendant church is claiming that the resolution of the general assembly of this case is null and void, and maintains its independent organizational system and continue its independent religious activities with the previous church. ⑤ The number of the members present at the general assembly of this case and the majority of the members consenting to the resolution may be small. However, the defendant's submission of evidence alone insufficient to find that the number exceeds 2/3 of the members with voting rights, and it is difficult to conclude that the resolution of the general assembly of this case would have been null and void without withdrawing from the previous church and making a new resolution through legitimate procedures."

The following shall be added to the 17th day below the judgment of the first instance, and 17th day below.

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