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(영문) 서울고등법원 2018.10.18 2018나2021577
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the following modifications, and therefore, this part is cited by the main text of Article 420 of the Civil Procedure Act

The reasoning of the judgment of the first instance is the same as that of the judgment.

The following changes are made. The defendant, on January 28, 2017, posted a public notice of holding a joint council meeting with the amendment of the articles of incorporation of the plaintiff on the bulletin board of the plaintiff's towing and distribution entrance, and the joint council on February 5, 2017 (hereinafter referred to as "first joint council") is called the "first joint council").

(3) The first joint council resolution passed the amendment of the articles of association, which provides that “If it is deemed necessary to decide on the course of the church (admission, withdrawal, etc. of the church) and the postponement of administration for the promotion, development, and peace of the church, it shall be wholly delegated to execute the resolution if it is deemed necessary. However, in special cases, the resolution of the first joint council passed the agenda, etc. as to Article 34 of the amended articles of association, which provides that “after execution and notification,” but the resolution of the first joint council shall be passed by the Constitution and the articles of association of the Plaintiff (hereinafter “previous articles of association”) of the A Religious Organization prior to the resolution of the first joint council.

1) The grounds of the judgment of the first instance are without merit, which affected the conclusion of the judgment.

As follows, on February 11, 2017, the Defendant posted a public notice of holding a joint meeting on the bulletin board of the Plaintiff’s branch distribution entrance of the church, and posted the same content on the bulletin board on February 12, 2017. The Defendant, on February 19, 201, is called “the second joint council” (hereinafter referred to as “the second joint council”).

(1) On July 31, 2016, a member of the Joint Council at the time is held and confirmed the consent of 32 persons from among the 42 persons present and identified as 66 persons, and (2) on July 31, 2016, a member of the Joint Council at the time is transferred to Si armed forces, and (3) a religious organization of the Plaintiff.

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