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(영문) 수원지방법원안양지원 2013.10.10 2012가단29777
부동산인도
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. Determination on this safety defense

A. The defendant's main defense that the plaintiff, around the plaintiff, lost the right to use and benefit from the building of this case as the designated parties lose their status after withdrawing from the plaintiff church and losing their status as the members, and thus, the designated parties seek to transfer the building of this case to the designated parties based on the right to claim exclusion of disturbance. Since the designated parties occupy the building of this case in excess of the use and benefit scope of collective ownership by excluding the use and benefit of the other members such as the representative, etc., as the act of preserving collective ownership, the defendant asserts that the lawsuit of this case was unlawful since it was filed by C, not the

B. Basic facts 1) The Plaintiff is a church affiliated with the Korean Film Council Reformary General Assembly (hereinafter “Regulatory General Assembly”) and its affiliated DNo.D. (hereinafter “D No.D”) (hereinafter “Plaintiff church”), and the organization requirements (Article 61 subparag. 1) set forth in the Constitution of the Reform General Assembly are not satisfied, and the Plaintiff did not constitute a church.

B) On January 5, 2011, after the death of the E, which was a member of the Plaintiff church, C was appointed to the Plaintiff church on February 2, 2009, and thereafter was in charge of conducting affairs. 2) On January 5, 2011, C held a joint council on January 5, 201, and held a joint council on January 5, 201, and held on the joint council with the consent of six members, “not being re-registered to K as a temporary member of the Plaintiff church.” The resolution was adopted to read “B to delegate the next member of the Plaintiff church with the next member of the Plaintiff church” (hereinafter collectively referred to as the “non-Confidence resolution”).

3) On May 10, 2012, the Committee on the Reform of the Union (A) passed a resolution by holding a Committee on the Action on the Organization of the Union to remove the Committee and to relieve the union members who wish to remain.

B. On May 21, 2012, the Reform Assembly has set up a D's association to the Plaintiff church.

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