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(영문) 서울고등법원 2018.02.09 2017나2026438
대표자지위 부존재 확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The court's explanation concerning this case is based on the reasoning of the judgment of the court of first instance, adding evidence Nos. 9 and 10 to the ground for recognition under Paragraph (1) of the judgment of first instance; "Public Notice of April 17, 2013 of this case" No. 3 of the judgment of first instance as "Public Notice of Withdrawal to Order of Order of April 17, 2013"; and No. 3-B of the grounds of the judgment of first instance.

C. In addition to the following cases, each amendment is governed by the reasoning of the first instance judgment, and thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Parts of Change

B. Whether the dismissal decision in this case is a person who has no disciplinary authority or not, and if it is recognized that a branch church that has joined a specific religious order has accepted the constitution of the religious order as its rules of the branch church, the change of the religious order actually results in the change of the rules of the branch church. If the branch church has its own rules, the change of the religious order entails the changes in the matters included in the rules of the branch church, such as the name and purpose of the branch church, and therefore, the withdrawal from the religious order or the change of the religious order requires a resolution by 2/3 or more of the members with voting rights in accordance with the changes in the articles of incorporation of the incorporated association. If the resolution on the withdrawal from the religious order was passed but the members who agreed thereto do not reach 2/3 of the members with voting rights, the identity of the previous church still belongs to the previous religious order. Accordingly, it should be proved that the withdrawal from the religious order or the change of the religious order has been made lawfully and effectively through the consent of 2/3 or more of the members with voting rights, as follows (see the decision 2007.14.27.

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