206Kahap40 Subject to provisional disposition

00

Ulsan-gu

Law Firm ○, Attorneys ○○-○, Counsel for the defendant-appellant

1. ○○○○○○○○ ○○○ Association;

Ulsan Central District;

Representative ○○○○

2. 00; and

Ulsan-gu

[Defendant-Appellant] Plaintiff 1 and 1 other (Law Firm 1, Counsel for defendant-appellant)

A sub-litigation law firm of the debtor

Attorney 000

March 22, 2006

5, 2006

1. The provisional disposition order issued on January 11, 2006 and February 9, 2006 between the above parties is revoked by this Court as to the case of applying for a provisional disposition suspending the effect of the Trade Union decision (No. 2005Kahap1197) by this Court.

2. All of the creditors' applications for provisional disposition are dismissed.

3. The costs of lawsuit shall be borne by the obligee.

Creditors: To authorize the provisional disposition order under paragraph (1) above.

The debtors: It is so ordered as per Disposition.

1. Decision on provisional disposition; and

채권자가 채무자들에 대하여 신청한 이 법원 2005카합1197호 노회 결정 효력정지가처 분 사건에 관하여 , 이 법원이 2006 . 1 . 11 . ‘ 채권자의 채무자 ㅇㅇㅇㅇㅇ 장로회 ○○노 회 ( 이하 ' 채무자 노회 ' 라 한다 ) 에 대한 노회결정무효확인사건의 본안판결 확정시까지 채무자 노회의 채권자에 대한 사직결정의 효력을 정지한다 , 위 본안판결 확정시까지 채무자 ○○○은 ○○○교회 당회 임시회장의 직무를 집행하여서는 아니된다 , 채무자 OOO의 직무집행정지기간 중 ㅇㅇㅇ을 위 교회의 당회 임시회장 직무대행자로 선임 하고 , 위 직무집행기간 중 당회 임시회장 직무대행자의 보수는 월 3 , 000 , 000원으로 한 다 , 채무자들은 위 본안판결 확정시까지 ○○○교회 당회 임시회장을 새로이 파송하거 나 당회 임시회장 직무대행자의 위 교회의 출입 , 예배인도 , 당회의 개최 등 위 직무대 행자의 업무를 방해하는 일체의 행위를 하여서는 아니된다 , 이를 위반한 채무자들은 각 그 채무자별로 위반행위 1회당 1 , 000 , 000원씩을 채권자에게 지급하라 ” 는 가처분결정 을 한 사실 , 2006 . 2 . 9 . ○○○ 교회의 당회 임시회장 직무대행자를 ○○○에서 ㅇㅇㅇ 으로 개임한다 ' 는 가처분결정을 한 사실은 기록상 명백하다 .

2. Determination

(a) Basic facts

The following facts may be acknowledged by comprehensively taking account of the absence of dispute between the parties or the evidence of Nos. 2, 3, 7, 20 of the lawsuit, evidence Nos. 6, 9 through 12 of the lawsuit, evidence Nos. 14-1 through 18, 20 through 23, 25 through 27, 30 of the lawsuit, evidence Nos. 31-1 through 23 of the lawsuit, evidence Nos. 32 of the lawsuit, evidence Nos. 33-1 through 5 of the lawsuit, evidence Nos. 34-1 through 20 of the lawsuit, evidence Nos. 43 through 46 of the lawsuit, evidence Nos. 47-1, 27-1, 48 of the lawsuit, evidence Nos. 52-1, 20 of the witness’s testimony or the purport of the whole testimony of each court.

( 1 ) ○○○○○ 장로회 ○○○교회 ( 이하 ' ○○○교회 ' 라 한다 ) 는 1985 . 11 . 10 . 설립된 ㅇㅇㅇㅇㅇ 장로회 ( 합동측 ) 의 채무자 노회 소속 지교회이다 .

( 2 ) ㅇㅇㅇㅇㅇ 장로회 ( 합동측 ) 는 종헌인 ㅇㅇㅇㅇㅇ 장로회 ( 합동측 ) 헌법 ( 이하 ' 합동 측 헌법 ' 이라 한다 ) 정치편에 소속 노회 및 지교회의 조직과 운영에 관한 규정을 두고 있는데 , 그 주요 내용은 다음과 같다 .

Chapter 4 Bags

§ 4. Title of wood

1. A delegated pastor: He shall remain at the time of 70 years of age, unless there is any special reason for the pastor who has been delegated to the Nowon-gu Assembly by the office of one branch church or one district office, and shall remain at the time of 70 years of age. When a delegated pastor leaves the present church and is absent for not less than one year, his mandate shall be automatically cancelled;

2. Temporary pastors: A temporary pastors may be allowed to be allowed for one year if they petition for a trial to proceed with a resolution of not less than 2/3 of the co-councils on the agenda of 2/3 or more of the members present at the co-councils by a resolution of not less than 3/10 of the members present at the council, but the period of time is one year, and if it is under circumstances such as the principle to request the delegated pastors in the organized church, again, at the joint council to proceed with a resolution of not less than 2/3 of the co-councils: Provided, That when a petition for a trial to extend the period of temporary pastors is filed at the organized church, the chairperson of the party council shall petition for the

CHAPTER 8. church politics and church associations

Article 1 needs of politics

There should be clear politics and organizations to establish the church.The right to establish the church is not for an individual but for the church, such as the church, the union, the competition, and the general assembly.

Chapter 9 Round

Article 1 Organization of the Council

The party branch church shall be comprised of the branch church pastors and the head of the branch church, and 25 or more of the three regular instructors shall be required, and the increase in the number of the principal shall also be corresponding thereto.

Article 3 Governing President

The president of the party branch church must be the officer of the branch church, however, in special cases, he may, by a resolution of the party council, designate one pastor belonging to the party council and have him be the representative director, and the same shall apply when the principal pastor of the church is a new person or goes out of the church.

Article 4 Extraordinary President of the Political Party

Since the head of the party branch is a pastor, it is necessary to send persons who will be the chairperson of the party branch until the church does not hold a pastor at all times, and the strike of the party branch is required to send those persons who will be the chairperson of the party branch until the church goes on the pastor.

In the absence of such a meeting, the Council may request a pastor to be the temporary president whenever the meeting is held, but in the absence of a master, the Council may handle the affairs except for the case and serious cases, even if there is no master to be the president of the Council.

Article 5 Functions of the Council

1. Meritoriouss: The duties of the Political Parties shall be to reflect the knowledge and religious activities of the teaching staff because they will handle all administrative affairs under their command;

2. Attending and withdrawing from the school: An expulsion shall be made by publicly notifying the persons who are admitted to the school, having a parent who is admitted to the school, having a parent who is admitted to the school, having him attend the school, having a person who is admitted to the school, attending the school by publicly notifying the person who is admitted to the school, having the changed address attend the school, and receiving or delivering a title deed (the learning, entrance, tax, and infant tax case) to the students whose address has been changed;

3. Plaging and selling of worships: In the absence of a pastor, other pastors shall be filled by the guidance of the Nowon-gu Council with the intensity of standing and shall be carried out for religious rites;

4. Long-term and office workers: He/she shall select a long-term or office worker and educate him/her for more than half years, and be in office after approval and public notice of the Nowon-gu Assembly is given to him/her, and the house manager shall be appointed after the public notice of the House;

5. To claim the date of collection of the contribution of each paragraph: to set the date and policy for collection of the contribution of each paragraph.

6. To summon: To summon and examine criminal offenders and witnesses among the present church, and to summon and examine as witnesses even those who are not members of the present church, and to punish those who open to the session, when evidence of crime is evident.

7. Facilitating old-age benefits and supervision of each agency: The Council shall seek to promote the old-age benefits of the church, shall supervise the teachers, teach the day and week of teaching sex, and shall supervise the Do Council and the Board of Review and its agencies.

8. Dispatching a general meeting to the Labor Council, and filing petitions and reports: They shall select a general meeting to send to the Labor Council, submit a petition, and report the situation of the church to the Labor Council;

Article 6 Powers of the Council

The political party meeting shall be based on the mother's patriarch and transfer the ceremony of worship, and it is necessary to determine all the time of the meeting and the place of the meeting, the land belonging to the church, and the house.

Chapter 10 Round

6Duties of the Union

1.The Round shall inspect all the church and branch church in the Gu area of the Gu, and the pastors, robberys, Jeondogs and pastors, and the organized church;

2.The Union shall accept and deal with the unconstitutionality, petitions and appeals submitted by each Council in accordance with its rules, complaints and complaints, complaints and entrusted judgments, and the case may be entrusted to the Court in accordance with the Ordinance of the Ministry of Education as the resolution of the Union is adopted. The case of appeal, etc. shall be received and sent to the Council.

3. Upon the notice of the candidate for pastors, the education, name, authority, and strengths are recommended, and this name, authority, and dismissal is recognized, the election of the head of a branch church is approved, the appointment of the head of the branch church is permitted, and the Do governor is announced and authorized by the announcement of the Do governor, the public notice of the applicant for the pastors, the appointment of the head, the dismissal, the dismissal, the former name, the second name, and the authority shall be managed, and the supporting points of the case shall be expressed through censorship of the party register and the trial register, and reasonable inquiries as to the Do governor and the authority shall be interpreted.

5. To establish, divide, merge, abolish, and organize a branch church, and to guide and assist in the inspection of the members of the branch church and the non-affiliated church and the management of the whole matters of the school and the financial affairs of the schools.

CHAPTER 15 Bags, Election of Line Teachers and Appointments

Article 2 Election of Bags

Where a branch church intends to admit a pastor, it shall convene a joint council by a resolution of the council meeting, promulgate it after robberying by the temporary council chairperson, and seek his/her opinion to vote on the ice of a pastor if she wishes to be a member of the church, and cast his/her vote immediately upon the consent of the majority.

Article 5 Consent of Hearing

It is necessary to recognize the ice as a reduction of the church's wishes, regardless of what pastors or robberys, if the pastors or robberys receive the ice ice ice ice. If the robberys are to leave their ice ice ice with the ice ice ice ice, it is recognized that they accept the ice ice ice. If they are to leave their office as a pastors with the ice ice ice ice ice ice, the Norh

Article 12 Authority of Temporary Woods

1. If there is a special reason, the church or the Buddhist church organized with the permission of the labor association may be placed as a temporary pastor for one year, and the president may be granted by a resolution of the labor association in need of obtaining a consent again for one year more from the labor association after maturity;

2. The pastors serving in each agency of a church shall not become the delegate of the branch church and may temporarily hold the church.

Chapter 16. Full-time officer (Transfer to another position)

Article 1. Former Approval

If a pastor fails to obtain the consent of the Labor Union Council, he/she shall not transfer it to another branch church and shall not directly receive the previous ice.

CHAPTER 17 Resignation and Resignation

Article 1. Self-helps

If a pastor submits a letter of apology to the National Assembly because it is difficult for the pastor to do so due to difficult circumstances, he/she shall request the representative of the church to ask for the reason for the amnesty of the pastor, and if the representative of the church finds it difficult to explain it, it is necessary to approve the letter of amnesty and to record it in detail on the register of the church, and if the reason for explaining it is not sufficient, the church shall be a false church.

Article 3. Self-helped Positions

In the event that a pastor turns out to be unable to be beneficial to the church due to his/her free will, the Nowon-gu Assembly which is required to submit the resignation to the Labor Union shall consult and decide on it.

Part 21 Congress

Article 1 Joint Council

1. Members: The defective visitors of this church shall be admitted to all members;

2. Call-up: Meetings shall be convened by a resolution of the party meeting when the Joint Council deems it necessary by the party meeting, and when a petition or a defect in the party meeting is filed or ordered by at least 1/3 of the persons who suffered from the defects.

4. The meeting hall: The meeting shall be held at the time of meeting by notifying the church of the date, place, and bill one week prior to the opening date and the opening as soon as the meeting is held at the time of the schedule, but if the number of meetings is too small, the chairperson shall be authorized to hold the meeting again on another day;

5. A meeting: A regular and regular meeting shall take into account the progress of the meeting, and shall adopt the reports of each meeting held by the plenary session and its affiliated meetings, the settlement of church expenses and the budget, and submit other matters in accordance with the law. A general resolution shall be a majority, and a majority of the votes shall require the consent of a majority of the visitors who shall not be less than 2/3 of the number of votes and a majority of the visitors shall be given in the presence of a plenary session, and two-thirds or more of the number of votes in the election of a plenary session and a voting of a plenary session shall be selected.

( 3 ) 2004 . 5 . 경 ○○○교회의 설립 초기부터 약 17년간 위임목사로 시무해 오던 이 ㅇㅇ목사가 교회의 자금을 횡령하는 등 비리로 구속 , 위임목사직이 상실되었고 , 그 여 파로 OOO교회의 유일한 장로인 ○○○마저 직무가 정지되었는데 , 이로 인하여 ㅇㅇ ○교회 내에 혼란과 내분이 야기됨에 따라 , 채무자 노회는 2004 . 10 . 11 . 경 채무자 노회

Around November 2004, 2004, 00 ○○ ○ ○○ Round Management Committee consisting of four competent pastors and three heads (the chairperson ○ ○ ○ Pool) and sent ○ ○ Pool to the OO Pool as a temporary president of the party branch.

( 4 ) ㅇㅇㅇ 목사는 유일한 장로인 ㅇㅇㅇ의 직무가 정지됨으로써 ㅇㅇㅇ교회가 미 조직교회에 해당한다는 이유로 임시 목사 청빙을 위한 공동의회를 소집하였고 , 공동의 회는 2004 . 11 . 28 . 찬성 262 , 반대 9로 채권자를 ' 임시 목사 ' 로 청빙하기로 결의하였으 며 , 채무자 노회가 2004 . 12 . 24 . ○○○교회의 청빙을 허락함에 따라 채권자는 그 날부 터 ○○○교회의 임시목사가 되었다 .

(5) However, on December 19, 2004, the creditors posted an advertisement of convening a joint council meeting with the matters of the maintenance, etc. of the rules in their own name on the bulletin of the ○○○ church. Accordingly, on December 26, 2004, the joint council held on December 26, 2004 did not confirm the list of the members present and confirmed that there is no objection by simply asking the members to the members, and passed a new church rules (hereinafter referred to as the " church rules") within the church, and the provisions concerning the status of creditors in the church rules concerning the status of the members of the church are as follows.

2. Basic rules;

CHAPTER 6:Special Agreement on Re-issuance of Temporary Woods

The creditor was supported by 97% (262/271) in the ice voting, but the church was compelled to be a temporary pastor due to the authoritative interpretation of the temporary president at the time that the church was not an organization church, which was contrary to the purport of the members. However, ○○○ church is in conformity with the requirements for the ice ice ice ice of the delegated pastor, so it is confirmed that at the time of intending to correct the error in the process of ice ice ice, the members who expressed ice ice ice ice were wanting to request the creditor to conduct the ice ice ice ice ice of the delegated pastor. However, if the debtor association does not accept the purport of the members who want to undergo the ice ice ice ice ice for any reason, this church shall be postponed for five years.

6. Detailed rules concerning the ice ice rinking; and

The ice ice Regulations of the Constitution and the detailed regulations for the enforcement thereof shall be prescribed as follows:

Part I Provisions and Application of the Constitution

Article 1 Provisions of the Constitution concerning the delegation pastors and temporary pastors

1. A delegating pastor: A pastor entrusted by an organized church with the authority of the association and a church, unless there is a special reason, shall work for that church until the age of 70 (Article 4 Section 1 of the Constitution of the Republic of Korea).

2. Temporary pastors: if, in principle or under extenuating circumstances, the organizing church requests the delegated pastors, it may be permitted for a further period of one year if a petition is filed with the Joint Council to continue to hold two-thirds of the votes at the Joint Council (Article 4 Section 2 of the Constitution of Chapter IV).

Article 2: The application of the preceding Article is the principle that the recruitment of a member of an organization church refers to the appointment of a member of the organization church. It is not the case where there is no "in unavoidable circumstances" of the Constitution, but the case where a member of the organization should temporarily perform the position of a member of the organization until his or her reason for the temporary publication ceases to exist due to reasons such as illness.

Article 3 Organization church and U.S. Organization church: The church organized by the party branch shall be organized, the church which is not organized by the party branch shall be organized, the association shall be organized, and the party branch shall be comprised of not less than one pastor and the head (Article 2 of the Constitution of the Republic of Korea).

Article 4 Application of the preceding Article: The Council shall be organized if there is one pastor and one chief. In this case, even if the duties of the chief are in suspension, the church itself is not dissolved or extinguished and it is not closed. Therefore, this state church is an organization church.

Part II Procedure for Hearing

Article 5. Public Announcement of ice ice: The public announcement of the ice ice of the present church (the name of the temporary head of the church) did not contain a separate indication of the delegated wood officer or temporary pastor, and since the present church is an organization church, the public announcement of the above ice ice ice is the public announcement of the ice ice ice of the delegated pastor.

The application for ice ice under Article 6: The application for ice ice ice for the creditor who has complied with the public announcement under the preceding Article shall be deemed the application for the ice ice ice

Part III:Misunderstanding and Completion of the ice Process for Creditors

Article 7 Do-ice and the preceding two Articles: Do-ice submitted to the Labor Union Council under the name of the chairman of the Labor Union at the time, which resulted in the inconsistency between the public announcement of ice ice and ice ice ice ice ice ice ice ice ice in the preceding two Articles.

Article 8 misunderstandings and Sponsions of the United States Forces

1. misunderstandings (Misunderstanding): The disagreements in the preceding Article naturally moved into one head of the church at the time of the public announcement of the ice, and thus, was organized, but the above head was in the state of the ice co-council at the time of the ice co-council. Therefore, the disagreements in the preceding Article led to an error that the ice co-council was made by making the ice co-council a temporary ice ice ice ice, thereby making it an entry into the labor council.

2. Written completion: He/she shall be deemed to have completed all the procedures for ice ices and joint Councils that have been submitted for a mistake in temporary timbering and all the procedures for ice ices that have been submitted for a new session with a delegated wood shed by the enactment of this special rule, and shall be delegated to creditors all the procedures for ice ices, such as revision of ice ices and reuse of school seals attached thereto, etc.

Part IV Transitional Provisions

Affairs as the previous temporary pastors of creditors shall be deemed to be affairs of the delegated pastors by performing the delegation ceremony.

(6) On September 11, 2005, a provisional disposition for seeking suspension of the validity of the resolution of the church association ○○○ church ○○ church ended on November 4, 2005, such as the occurrence of conflicts between the supported members surrounding the enactment of the above church rules and the members claiming the abolition thereof, was filed, and the execution of the duties was suspended to ○○○○○○○○○○ church ended on November 4, 2005 upon the decision of this court.

( 7 ) 채권자는 2005 . 11 . 21 . 06 : 00경 울산 울주군 ㅇㅇㅇ면 소재 ○○기도원 305호실 에서 ○○○교회 권사 ○○○와 함께 속옷차림으로 있다가 , 갑자기 들이닥친 ○○○집 사 등 ○○○교회 교인 10여명으로부터 두 사람의 관계 등을 추궁당한 끝에 ' 2005 . 11 . 30 . 자로 ○○○교회 담임목사직을 사직하고자 한다 ' 는 내용의 사임서를 작성 , ㅇㅇㅇ 등에게 교부하였고 , 그들로부터 사임서를 건네받은 OOO교회 수습처리위원회는 2005 . 11 . 23 . 위 사임서를 접수하고 채무자 ○○○을 ○○○교회 임시당회장으로 파송하기로 결정하였다 .

( 8 ) 채권자는 2005 . 12 . 2 . 채무자 노회에게 위 사임서가 ㅇㅇㅇ 등의 강요에 의해 작성되었다고 주장하면서 사임의사를 철회한다는 통지서를 발송하였고 , 2005 . 12 . 6 . 개 최된 채무자 노회의 임시회의에 직접 출석하여 사임의사를 철회한다고 진술하였으나 , 채무자 노회는 같은 날 ○○○교회 수습처리위원회의 보고를 받은 후 채권자의 사임서 를 수리하는 형식으로 채권자에 대한 사직결정을 하였다 .

( 9 ) 그 후 채무자 노회에 의해 ○○○교회의 임시당회장으로 파송된 채무자 ㅇㅇ ○과 ㅇㅇㅇ 장로의 2005 . 12 . 8 . 자 당회 결의로 2005 . 12 . 18 . 소집된 공동의회는 참석 교인 254명 중 237명의 찬성으로 교회내규를 폐지하기로 결의하였다 .

B. Determination

(1) The parties’ assertion

(A) A creditor is deemed to have been made up by the coercion such as OO, etc., and the resignation was revoked by the notification on December 2, 2005, and the resignation had been withdrawn prior to the decision of resignation of the debtor council, and the said decision was made without going through the "consultation as stipulated in the joint constitution," and thus, the creditor is seeking authorization of the provisional disposition order at the time of invalidation.

(B) The debtor asserts that the application in this case is related to the status of the creditor's religious organization, which is not subject to judicial review, and it is illegal since the joint law does not go through the procedure even though it was possible to file a lawsuit with the ordinary general meeting of the debtor's association on the decision of resignation of the debtor's association, and the creditor at the expiration of the term of office has already lost the temporary status of the OO church, and therefore there is no need to preserve it.

(2) Whether judicial review is subject to judicial review

교인으로서 비위가 있는 자에게 종교적인 방법으로 징계 · 제재하는 종교단체 내 부의 규제 ( 권징재판 ) 가 아닌 한 종교단체 내에서 개인이 누리는 지위에 영향을 미치는 단체법상 행위라 하여 반드시 사법심사의 대상에서 제외되는 것은 아니고 ( 대법원 2006 . 2 . 10 . 선고 2003다63104 판결 참조 ) , 채무자 노회의 사직결정이 채권자의 사임서를 수 리하는 형식으로 이루어졌음은 앞서 보았는데 , 그 자체가 신앙이나 교리와 직접 연관 된 것이 아니고 , 사직결정으로 인해 채권자가 ㅇㅇㅇ교회의 담임목사이자 당회장의 지 위를 잃음과 동시에 소정의 사례를 지급받지 못하게 되는 점 등을 종합하면 , 채무자 노회의 사직결정의 무효확인을 구하는 이 사건 신청은 사법심사의 대상이 된다 할 것 이고 , 사법심사의 대상이 되는 이상 종교단체 내부의 자율적인 구제절차를 거치지 않 았다는 사정만으로 이 사건 신청이 부적법하게 되는 것도 아니므로 , 채무자들의 이 부 분 주장은 모두 이유 없다 .

(3) Whether there is interest in confirmation

(A) Whether a delegate is a

2004 . 12 . 26 . 자 ○○○교회 공동의회에서 채권자가 임시목사로 청빙된 것은 그 절차상의 착오에 의한 것임을 이유로 채권자는 ㅇㅇㅇ교회의 위임목사임을 확인한 다는 내용이 포함된 교회내규가 제정되었음은 앞서 본 바와 같으나 , 한편 , 합동측 헌법 에 의하면 당회 ' 가 공동의회를 개최할 날짜 , 장소와 의안을 1주일 전에 교인들에게 광 고 혹은 통지하도록 되어 있는 사실 , 당회는 지교회 목사와 치리장로로 조직되는 사실 , 채권자의 ○○○교회의 담임목사 임기는 채무자 노회의 허락이 있었던 2004 . 12 . 24 . 개시되었는데 , 채권자는 그 전인 2004 . 12 . 19 . 000교회 주보에 자신의 명의로 2004 . 12 . 26 . 자 공동의회 소집광고를 게재한 사실은 앞서 본 바와 같은 바 , 이와 같은 사정 이라면 위 2004 . 12 . 19 . 자 공동의회 소집은 무자격자인 채권자에 의해 이루어졌다 할 것이므로 , 그 절차상 하자가 있고 , 2004 . 12 . 26 . 자 공동의회 결의는 채권자를 임시 목사 로 청빙한다는 2004 . 11 . 28 . 자 공동의회 결의를 위임목사 청빙 결의로 간주한다는 내 용임은 앞서 보았으나 , 한편 , 앞서 인정한 사실에 의하면 , 2004 . 11 . 28 . 자 공동의회 결 의에 참석한 교인들 전부가 참석한 것으로 보이지도 않는 2004 . 12 . 26 . 자 공동의회 결 의에 의하여 2004 . 11 . 28 . 자 공동의회 결의가 그 결의에 참석한 교인들의 의사와 무관 하게 소급하여 위임목사 청빙 결의로서의 효력을 갖게 할 수는 없다 할 것이고 , 또한 채무자 노회의 의사를 무시한 채 임시 목사로 허락된 채권자를 위임목사로 그 지위를 변경하는 2004 . 12 . 26 . 자 공동의회 결의는 합동측 헌법에 반하는 것이므로 , 그 내용에 있어서도 중대한 하자가 있다 할 것이어서 , 2004 . 12 . 26 . 자 공동의회 결의의 효력을 유 지시키는 것은 현저히 정의관념에 반한다고 봄이 상당하고 , 따라서 교회내규 중 위 위 임목사 부분은 무효라 할 것이다 .

가사 , 교회내규가 무효는 아니라 하더라도 합동측 헌법은 ○○○교회와 채권 자에게 규범력을 가지는 자치규범으로서의 효력이 있다 할 것이므로 채무자 노회에 대 한 관계에 있어서 채권자의 목사 지위에 관한 사항은 합동측 헌법에 따라 정해진다 할 것인바 ( 대법원 1975 . 12 . 9 . 선고 73다1944 판결 참조 ) , 앞서의 인정사실에 의하면 , 합동 측 헌법은 ○○○교회의 위임목사 청빙 청원과 채무자 노회의 ' 위임 ' 이 있어야 비로소 채권자가 ○○○교회의 위임목사가 된다고 규정하고 있는데 , 교회내규가 제정된 이래 채권자에 대한 OOO교회의 위임목사 청빙 청원과 채무자 노회의 채권자에 대한 위임 목사 위임이 없는 사실 또한 당사자들 사이에 다툼이 없으므로 , 교회내규 제정만으로 채권자가 ㅇㅇㅇ교회의 위임목사가 된다고 볼 수 없다 .

따라서 , 채권자는 ㅇㅇㅇ교회의 위임목사가 아니라 임시목사이다 .

(b) The expiration of the term

In the church rules, the fact that "if the debtor's association does not accept the intention of the members who want to request a correction of the entrusted pastor, the 000 church shall withhold that it is a creditor for five years." However, according to the above facts of recognition, unless the creditor's temporary pastors are extended, the creditor's temporary pastors status should be lost as a matter of course at the expiration of a one-year term, unless the creditor's temporary pastors term is extended, but it seems before the creditor's temporary pastors term begins on December 24, 2004, it is apparent that the provisional pastors term of office of the creditor has expired. In addition, since the 100 church fails to extend that it is a creditor for five years, it is apparent that the creditor's temporary pastors term has expired, and the purport that the 1000 church does not expire for five years, and that it does not lose the creditor's temporary pastor's status as to the provisional pastors of the parties concerned, such as the Cheong-ice and the debtor's conference, and it does not permit the procedure.

(C) Sub-decisions

따라서 , 채권자가 임기만료로 ㅇㅇㅇ교회의 임시목사 지위를 상실한 이상 , 가 사 채무자 노회의 채권자에 대한 사직결정이 무효라 하더라도 더 이상 채권자가 임시 목사 지위를 회복할 수 없게 되었으므로 , 이 사건 신청은 보전의 필요성이 없다 할 것 이다 .

3. Conclusion

Therefore, since the application for provisional disposition against the creditor is without merit, each provisional disposition order as stated in Paragraph (1) is revoked, and all of the creditors' applications for provisional disposition against the debtor are dismissed. It is so decided as per Disposition.

Judges Han-Ann-si

Judges Kim Jong-chul

Judges in the District of Justice