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(영문) 대법원 2015.07.09 2014다50173
임시공동의회결의부존재확인 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. If it is recognized that a branch church that has joined a specific religious order has accepted the constitution of the religious order as its own rules, the change of the religious order results in the change of the rules of the branch church, and if the branch church has its own rules, the change of the religious order entails the change of the matters included in the rules of the branch church, such as the name and purpose of the branch church, and therefore, the withdrawal from the religious order or the change of the religious order in the religious order requires a resolution by the affirmative votes of 2/3 or more of the members with voting rights, as it involves the change of the articles of the incorporated association. If the branch church has passed a resolution on the withdrawal, etc. from the religious order, but it does not reach 2/3 of the members with voting rights, the consistency of the previous church still remains in the previous

Therefore, it shall be proved by the claimant that the resolution to leave the religious order or to move to the religious order has been lawful and effective with the consent of two-thirds or more of the members with voting rights.

2. On April 20, 2006, the lower court, citing the reasoning of the first instance judgment, recognized the facts as indicated in its reasoning. The lower court did not proceed with a qualified joint council resolution as of November 25, 2012, and did not have a procedure to confirm whether a member with voting rights is qualified. The case of leaving a religious order does not require a resolution with the consent of 2/3 or more of the members with voting rights, and it does not have the effect of a resolution since it cannot be deemed that the quorum has been satisfied, even though the resolution requires a resolution with the consent of 2/3 or more of the members with voting rights, according to the amendment to the articles of incorporation of an incorporated association.

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