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(영문) 서울중앙지방법원 2017.07.13 2017가합5025
소속증명서 발급
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a foundation established for the purpose of owning and managing the properties of the general meeting of D religious organizations.

B. B church (hereinafter referred to as “B church”) is a branch church belonging to A religious organizationF (hereinafter referred to as “F”) established around March 1986, which is established around March 1986, and is located in G in the articles of incorporation, which is its bylaws.

C. On December 7, 2008, E, which had been a member of the B church, held a joint council on the B church's matters to be transferred to H in Seo-gu, Seo-gu, Seo-gu. Among 47 members without fault, 24 members present and agreed on the agenda that the land and buildings of the B church will be disposed of, and 23 members agreed on the agenda that the building in H will be leased with the lease deposit amount of KRW 140 million to the lease deposit amount of KRW 10 million.

After the resolution of the above joint council, most of the members including I request E to convene a joint council again while opposing the transfer of the church, but they are not accepted, I submitted a written petition for the removal of the plaintiff to F on December 28, 2008, and F resolved on June 25, 2009 that the plaintiff is dismissed from the position of the member of the B church.

E. From February 1, 2009, E did not obtain F’s approval on the transfer of the B church, and served as a tugboat in the above H, and on January 17, 2010, E newly drafted the articles of association, which newly stipulates the location of the church as “Saeong-gu, Seocheon-gu, Incheon” H.

(F) On August 25, 2010, the court of the general assembly of A religious organizations dismissed the president of E seeking to determine the invalidity of the resolution of cancellation of the membership of the B church on August 25, 2010, and orders F to “the division of a church is permitted in accordance with the resolution of the joint council for the relocation of the H of the B church and the implementation of administrative procedures subsequent thereto”.

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