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(영문) 서울중앙지방법원 2020.07.10 2020가합513236
당회결의 무효확인 청구의 소
Text

1. The plaintiffs' lawsuit of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant is a branch church that belongs to the Council of E religious Organizations, and the H and I shall be a church merged on November 15, 2015.

B. At a meeting held by the Defendant on November 5, 2017, the resolution to select Plaintiff A, B, and C as an armed riot was adopted by the Defendant.

C. On March 13, 2018, J et al. filed a lawsuit against the Defendant to confirm that the resolution of the party branch of the Seoul Central District Court 2018Gahap516010 that Plaintiff A, B, and C was null and void, but the said lawsuit was dismissed as there was no benefit of the lawsuit, and the said judgment became final and conclusive.

Since then, the J et al. filed a lawsuit to confirm that the resolution of the Council on November 5, 2017 by the defendant to the Council of Religious Organizations was null and void, and on May 31, 2019, the decision of the Extraordinary Court of E religious Organizations confirmed that the resolution of the Council on May 11, 2017 is null and void.

Accordingly, the plaintiff A, B, and C filed an appeal, and the appellate court rendered a judgment that reversed the judgment of the court below (L) on December 10, 2019.

E. Meanwhile, from July 2019 to October 2019, the Defendant held each party meeting listed in the separate sheet 2 (hereinafter “each party meeting of this case”) from July 2019 to October 2019, and each resolution was made as shown in the separate sheet 2.

(f) The parts related to the instant case in the Defendant’s articles of incorporation and the constitution of the Assembly of Religious Organizations (hereinafter “Constitution”) are as follows:

[Defendant's articles of incorporation] Part VII: The church's articles of incorporation may cause confusion about the church, give disadvantage to the church, or obstruct the worship in violation of the religious order law, by holding not less than 2/3 of the party members present at the meeting and by a resolution of a majority of the party members present at the meeting, prohibit the church from stopping for not more than 6 months and having access to the church.

[Constitution of the Assembly of Religious Organizations] Chapter 8 Article 139 [Types of Administrative Disputes] General Rules of Section 1 of Section 8 of the Administrative Litigation shall be classified as follows:

2. Litigation, such as revocation of resolution: Procedure for convening a meeting of the Council; or

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