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(영문) 대구지방법원 2017.03.30 2016나309174
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Party 1) The Plaintiffs are members of the E Religious Organization FM (hereinafter “FMM”) only.

(3) The branch church which is an affiliated branch church (hereinafter referred to as the “G church”) shall be the member church.

(2) On October 20, 2013, the defendant was the head of the G church, and the defendant was also the head of the G church. (2) On the grounds that he embezzled 64,000,000 won of the church funds from the G church, the defendant was subject to a disciplinary disposition at the G church. On April 13, 2015, the result of the financial audit conducted by the FEU trial state on April 13, 2015 that embezzled the church funds (50,000,000 won and 14,000,000 won as the retirement reserve for H pastors and was dismissed from the office of the head of the G church.

B. 1) On February 7, 2015, and July 21, 2015, the FEU trial division: (a) as of July 21, 2015, suspended the performance of duties of H pastors who were the chairperson of the G church; and (b) decided to temporarily send the J pastors to the members of the G church; (c) on July 26, 2015, H held a general meeting of the members of the G church with the consent of 134 members (134 members) to suspend the administration of the FEUs; and (d) sent a written notice of withholding the administration to the FEU’s president on the following day; (b) on August 26, 2015, the G church held a joint meeting to withdraw from the FEUs’ meeting with the consent of 134 members among 206 members who are the three-party members, and (d) made a resolution of non-Confidence to the Plaintiffs and C with the consent of the Plaintiffs and C (hereinafter “non-Confidence resolution”).

3) Accordingly, on September 18, 2015, the FEU trial court dismissed the jurisdiction of the religious order constitution and the president from office on the ground that H inciting its members illegally and the status of a pastor and the division of a church were taken. [Grounds for recognition] There is no dispute, Gap Nos. 1, 2, 4, and 10 evidence (including each number of branches if the number is included; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination on the main claim

A. Since the Defendant did not commit defamation against the Plaintiffs, the instant lawsuit claiming damages against the Defendant was filed against the non-party standing.

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