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(영문) 서울중앙지방법원 2021.02.17 2019가합5555
정회원목사 확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B’s religious organization (hereinafter “Defendant B religious organization”) is a model religious order consisting of the individual church, F society, G council, and general assembly. Defendant B religious organization C (hereinafter “Defendant C religious organization”) was a G council affiliated with Defendant B religious organization that autonomously operates and conducts business, and its original name was changed to “H council” around October 2019.

2) The Plaintiff is a current or former pastor of the D church affiliated with Defendant C Association (hereinafter “D church”).

B. 1) Preparation of each of the instant agreements 1) On May 27, 2010, the IJ, one of the decision-making bodies of Defendant B, filed an application for administrative conciliation with the Plaintiff on the ground that: (a) on May 27, 2010, the Plaintiff concurrently holds the position of a pastor of D church and the position of a corporate director of K University; and (b) the Plaintiff applied for administrative conciliation with respect to the Plaintiff on the ground that he/she arbitrarily established collateral security on the site of the D church and on the ground that he/she used the relevant loans by establishing the right to collateral security.

2) On June 18, 2010, Defendant C’s meeting held an administrative adjustment (hereinafter “instant administrative adjustment”). The Plaintiff, through the instant administrative adjustment, agrees with the Plaintiff and E as follows with respect to KRW 2710,050,000,000, the Plaintiff decided to move between the Plaintiff and E during the D church debt amounting to KRW 490,000,000,000 between the Plaintiff and E.

1. The Plaintiff shall pay 30 million won to E Association in cash until June 30, 2010.

2. The Plaintiff shall pay 40 million won to E Association in cash by September 30, 2010.

3. The Plaintiff shall pay KRW 100 million to E Association in cash by December 30, 2010.

4. The plaintiff shall set up and set up an apartment (Seoul Special Metropolitan City Nowon-gu's apartment Mho Lake) at the E Association as a collateral mortgage, and submit all necessary documents to the E Association by June 30, 2010.

5. The interest amounting to KRW 490 million in total shall be borne monthly by the Plaintiff and paid to the financial institution in question until full repayment of KRW 270,105 million is made.

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