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(영문) 대법원 2016.10.13 2015다222746
위임목사청빙결의 무효확인
Text

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The plaintiffs' total cost of litigation.

Reasons

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

In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer of a certain organization on the ground that there is a defect in the resolution, the lawsuit seeking confirmation of invalidity or non-existence of the resolution to appoint an executive officer is bound to be brought about to seek confirmation of the past legal relations or legal relationship, and thus lack of the requirements for protection of rights, unless there are special circumstances, such as where the resolution to appoint an executive officer again is invalid or cancelled due to the procedural defect or the content defect.

(See Supreme Court Decision 201Da69220 Decided January 27, 2012, and Supreme Court Decision 2012Da99716 Decided May 29, 2014, etc.). Review of the record reveals the following.

① In other words, at the joint council of September 26, 2010 of the Defendant church, a resolution was made to request Q to the delegated pastor of the Defendant church (hereinafter “instant resolution”).

② The Plaintiffs filed the instant lawsuit seeking confirmation of the invalidity of the instant resolution, thereby making multi-investment in the status of delegated pastors of Q Q, and the Defendant church passed a resolution to re-examine Q from the Joint Council on July 26, 2015 to the delegated pastors after going through a resolution of the Political Council on July 17, 2015. On July 27, 2015, the Plaintiff was approved from the APNo Association’s executive members to the delegated pastors of Q.

③ On August 16, 2016, an action was brought to seek confirmation of invalidity of the approval to a trial state of the Assembly of the Korea Coast Guard AX and Plaintiff B, F, D, and H with respect to the approval of the delegation pastors of the Executive Council of the TPPA, but the judgment dismissing the claim was rendered.

④ There is a defect in the process or content that recognizes that a new delegated wood officer’s ice ice ice ice ice as invalid.

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