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(영문) 대법원 2019.08.30 2019다217520
공탁금 출급청구권 확인
Text

All appeals are dismissed.

Of the costs of appeal, the costs of appeal by the Plaintiff (Counterclaim Defendant) are assessed against the Plaintiff (Counterclaim Defendant).

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) on the grounds as indicated in its reasoning, the lower court determined that the Plaintiff should pay KRW 2.5 million per month to the Defendant on the premise that the Plaintiff’s deprivation of the entire honorable treatment granted to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) would result in the same result as the deprivation of status.

In light of the relevant legal principles and records, the above judgment of the court below is acceptable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on the interpretation and application of the general assembly constitution and the implementation rules of the Constitution, the legal principles on the independence of branch churches and the essence of religious freedom, or the validity of the resolution of the joint council, or by failing to exhaust all necessary deliberations

2. As to the Defendant’s grounds of appeal, the lower court determined that the Defendant’s claim for the payment of the instant deposit was against the Plaintiff.

In light of the relevant legal principles and records, the above determination by the court below is acceptable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on the interpretation of a disposal document, or by misapprehending the legal principles on the interpretation of a legal act, or by omitting judgment,

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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