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(영문) 서울남부지방법원 2018.04.17 2017가합109251
건물명도(인도)
Text

1. The defendant attached to the plaintiff

1. To deliver each real estate listed in the list;

2.(a)

Defendant

1. An entry in the list;

Reasons

1. Facts of recognition;

A. Attached Form 1

1. A religious organization Diplomatic Association, which owns real estate listed in the list (hereinafter “each real estate of this case”), is a branch church that belongs to the Diplomatic Association, and the defendant is a person who performs his duties as a master pastor of the plaintiff from the time the plaintiff was established.

B. Attached Form of the Plaintiff

1. The first floor of the building indicated in the list A was leased to E, and the above lease contract was terminated and the Plaintiff had the obligation to refund the deposit amount of KRW 100 million to the Plaintiff.

In the process that the Plaintiff secured funds to refund the above lease deposit, disputes arose between the Defendant and the Plaintiff’s members.

C. On January 28, 2017, the Defendant posted a notice of the opening of a joint council on the Plaintiff’s agenda for the amendment of the Plaintiff’s articles of association on the bulletin board of the entrance for the distribution of weddings, and on February 5, 2017, the Defendant passed a resolution on the amendment of the articles of association [Article 34 of the amended articles of association stipulates that “If it is deemed necessary to make a decision on the promotion, development, and peace of the church, the head of the party branch (hereinafter referred to as the “members of the party branch”) shall wholly delegate the execution of the resolution if he/she deems it necessary, such as the commencement of the church course (admission, withdrawal from the church, etc.) and the postponement of the administration for the promotion and development of the church. However, in special cases,

At the time of opening the first joint council, the defendant confirmed 70 members of the joint council, and 31 of the 37 members present at the meeting made an expression of consent.

On February 10, 2017, when some of the members of the plaintiff filed a complaint with the Diplomatic Association Korea, the defendant requested postponement of convening a temporary joint council related to the above complaint.

E. On February 11, 2017, the Defendant posted a public notice of holding a joint meeting on the bulletin board of the Plaintiff’s church distribution entrance, and posted it on the bulletin board on the 12th day of the same month.

Since then, the defendant is called the Joint Council on February 19, 2017 (hereinafter referred to as the "Second Joint Council").

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