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(영문) 대법원 2019.05.10 2018다267061
임시공동의회결의 무효확인
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court below rejected the defendant church's assertion that the resolution of the defendant church holding a temporary joint council to dismiss the plaintiff from the delegating pastors of the defendant church and to elect C as the new representative is a resolution to dismiss the new members who clearly prohibit the religious order's constitution or the implementation rules of the Constitution, and is virtually subject to authority without undergoing the trial procedures stipulated in the religious order's constitution and the implementation rules, so it is null and void because there is a serious defect contrary to the religious order's constitution and the implementation rules, making it impossible for the defendant church to dismiss the pastors at the joint council of the branch church would infringe on the independence of

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in understanding the meaning of the religious order constitution and the implementation rules, or in misapprehending the legal principles on the effectiveness of the regulations on religious order constitution, the independence of branch churches

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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