Applicant 1 church et al. (Attorneys Cho Jong-hun et al., Counsel for the plaintiff-appellant)

Respondent 1 and 20 others (Law Firm Han-ro, Attorneys Ansan-won et al., Counsel for defendant-appellant)

Seoul Eastern District Court Order 2005Kahap1583 dated November 16, 2005

1. The appeal of this case is dismissed.

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

The decision of the first instance shall be revoked.

The respondent shall not engage in any conduct that interferes with the affairs of the church, such as snow training and worship conducted by the applicants and the members of the 1 church on the building and site stated in the attached list, and the administrative affairs of the above church accompanying them, or shall not enter the building and site stated in the attached list for the purpose of interference.

When the respondent violates the above order, 10,000,000 each time shall be paid to each applicant's church.

An execution officer shall publicly notify the purport of the said order in an adequate manner.

1. Basic facts

According to the purport of the whole records, examinations, and pleadings, the following facts are substantiated:

(a) Process that leads part of the members of an applicant church to a resolution to leave the religious order;

(1) The applicant 1 church (from the next day, the applicant church) is the branch church belonging to the Korean Egyptian Association, Seoul Eastnam's Association (hereinafter referred to as the "Seoul Eastnam's Association"), which was established in around 1959, and the non-applicant 2, who was appointed in around 1968, as the representative of the applicant church, was replaced with the applicant church, and was dismissed on December 21, 2003, and was replaced with the log officer (the chairman of the party church) and was appointed as the representative of the applicant church on the same day.

(2) Each real estate listed in the separate sheet (from the following to the “instant church building, etc.”) is owned by the applicant church.

(3) From April 2004, the applicant church led to the occurrence of the division between the members who commemorate the applicant and the non-applicant and the non-applicant et al. (hereinafter referred to as the “applicant members”) and the members who commemorate the non-applicant et al. (hereinafter referred to as the “applicant members”), and for several months, the obstruction of worship and assembly, the trade name secret, and the conflict and violence situation occurred.

(4) On March 5, 2005, the Seoul East-dong Council, through the procedure conducted at the request of the respondent's members, rendered a provisional disposition to temporarily suspend the right to hold a church hall of the applicant church. On March 14, 2005, the Seoul East-dong Council sent three pastors other than the applicant church temporary chairperson on March 14, 2005.

(5) On April 10, 2005, the non-applicant 1 filed an objection against the provisional disposition order and suspended its validity, and subsequently convened and held a general meeting of the school members (hereinafter “the instant general meeting”). At the instant general meeting of the school members, the members of the applicant collectively withdrawn from the consolidated general meeting of the Korean Twitter (hereinafter “the instant resolution of withdrawal”).

(6) On April 28, 2005, the Seoul Dongnam-gu trial court rendered a decision on the removal of the position of a pastor from the office of the Korean Film Council member and the removal of the officer from the applicant church at the same time.

(b) A party relationship;

(1) The applicant 1 church (hereinafter referred to as the "applicant church") is a church that claims that it had withdrawn from the consolidated church of the Korea Veterans Association (Seoul Eastern Labor Association) in accordance with the resolution to leave the church of this case.

(2) The applicant 3 is an assistant member of the applicant church, and the remaining applicants are the members of the applicant church.

(3) The respondent 9 is an assistant pastor of the previous applicant church (hereinafter referred to as the "previous applicant church") with a resolution to withdraw from this case, and the rest of the respondent is the members of the previous applicant church.

2. The parties' assertion

A. Applicant's assertion

The previous applicant church passed a resolution with the consent of at least 2/3 of the members with voting rights in the resolution of the withdrawal of this case to withdraw from the integrated church of the Korea Egynam Association of the Korea Egynam Association of the members with voting rights. As such, the previous applicant church still exists as the applicant church who left the religious order, and the building of this case belongs to the collective ownership of the members of the applicant church, and the applicant who is the representative of the church has the right to perform church affairs, such as worship, without interfering with the church building of this case, etc.

Nevertheless, the respondent has interfered with the church affairs, such as the opinion of the applicant church and the rest of the applicants who are the members of the church in the instant church building, and the services incidental thereto. Therefore, the respondent is seeking provisional disposition and indirect compulsory enforcement such as the statement of the purport of the application.

B. Respondent's assertion

The resolution of the withdrawal of this case is invalid because there is a defect in convening procedures, such as ① there is no resolution for convening a party meeting for convening a church, ② a secret vote is not made, and ② a resolution is made without drawing up the list of the participants through a show of hands in advance, and the number of the participants is not accurately grasped. On the other hand, the non-applicant 1, who asserted as the chairperson of the applicant church, was dismissed from the position of a pastor from the Seoul Eastnam-dong Council trial office on April 28, 2005 and was subject to the disposition of going to go to the applicant church at the same time, so the rest of the applicants who follow the above non-applicant church and the above non-applicant 1, who did not have the right to seek a provisional disposition as stated in the purport of the application against the respondent who is the members of the previous church.

Even if the family resolution procedure is valid, the withdrawal resolution of this case does not obtain the consent of 2/3 or more of the members with voting rights, and the applicants lose their rights to the properties of the previous applicants' church, so the application of this case does not have a vindication of the right to be preserved.

3. Issues

In a case where the members of a branch church that belongs to a different religious order decide to leave the religious order through a resolution with the consent of 2/3 or more of the members with voting rights, and then establish a separate church and select a separate representative, the previous church entities continue to exist as such in accordance with the amendment of the articles of association, and the properties of the previous church shall be collectively owned by the members of the above church that left the religious order, but if the supporters do not reach 2/3 of the members with voting rights, the previous church still remains an independent church, and therefore, it shall be deemed that the members who left the previous church collectively lose their status as members and rights to the properties of the previous church (see Supreme Court en banc Decision 2004Da37775 delivered on April 20, 206).

On the other hand, a resolution at the above assembly should be adopted through legitimate procedures such as notice of convening the assembly (see Supreme Court Decision 2003Ma1321, Jun. 9, 2006).

Therefore, the issues of this case are ① whether the convening procedure and method of resolution of the withdrawal of this case were conducted through lawful procedures, ② whether the previous applicant obtained the consent of 2/3 or more of the members with the voting rights of the church if the resolution of the withdrawal of this case was duly completed.

4. Determination as to whether the resolution of withdrawal of this case was made through legitimate procedures

A. Relevant provisions

(1) The Korean President Park Jong-soo and the Korean Constitution (integrated)

Article 64 (Organization and Abolition of Political Parties) 1. The Council shall be composed of not less than two masters, assistant masters, and chiefs who are in the jurisdiction of a branch church.

§ 88 (Joint Council) The Joint Council shall be as follows:

1. The members of the joint council shall be those who are eighteen or more years of age from among the three-years of the absences of the branch church;

2. The Joint Council shall convene a meeting by a resolution of the party council, and advertise the date, time, place, and agenda to the church one week before the meeting is held;

3.The Joint Council shall be convened by a resolution of the Council in the following cases:

(i) the meeting needs to be convened;

2) When the petition is filed by the Appellate Body;

3) When a petition is filed by not less than 1/3 of the persons without disabilities;

(iv) the order of the commercial conference is given.

4. The joint session meetings may be held by members holding the meeting; and

5. The resolutions of the Joint Council shall be as follows:

1) Matters presented by the meeting of the political party;

(ii)budget and settlement of accounts;

(iii)an election of staff member;

4) Matters directed by the ordinary association

6.The resolution of the Joint Council shall be adopted by a majority for all matters other than those specified, and the seal shall be written by an indefinite vote.

7. The chairman and clerk of the joint council shall be the chairman and clerk of the party council; and

(2) Rules of the previous applicant church

Article 6 (Regular Sessions)

1. It shall be convened by the chairman at the last week of December each year; and

2. Election of officers, passing through a budget bill, deliberation on settlement of accounts, amendment of regulations and other important matters;

Article 7 (Special General Meetings) The important resolutions shall be made in accordance with the ordinary general meeting.

(b) Vindication

According to the records of this case (including video images of the plenary session attached to the records of this case) and the purport of the entire interrogation and pleading, the following facts are clearly explained.

(1) On March 5, 2005, Seoul East-dong Association's decision of provisional disposition that temporarily suspends the right of the chairman of the church of a pastor who filed an application for the above provisional disposition was defective, the non-applicant 1 filed an objection to the above provisional disposition and suspended its validity (the validity shall be suspended until a higher court's decision is made pursuant to Article 46 (4) of the Constitution of the Republic of Korea, if an objection is filed with respect to the provisional disposition). The decision of the general assembly court's decision on the above objection was scheduled on April 11, 2005, and according to various circumstances at the time, it was anticipated that the country of general assembly's decision would dismiss the non-applicant 1's objection.

(2) On March 11, 2005, it is unclear whether the resolution was made to leave the Seoul East-gu Labor Union but the resolution was lawful, and again, on April 10, 2005, it decided to hold a general meeting of the members of this case for the purpose of ratification of the resolution of the above general meeting on April 10, 2005, and attached a written public notice stating the following in the name of the non-applicant 1's company, on the bulletin board, and on April 3, 2005, the contents of holding the general meeting of the members of this case were not posted on the bulletin board of the church, and on the other hand, the non-applicant 1's general meeting did not go through the resolution of the church prior to the convocation of the general meeting of this case.

㈎ 일시 : 2005. 4. 10. (주일 1부 내지 5부 예배시)

㈏ 장소 : 신청인 교회 본당

㈐ 안건 : ① 2005. 3. 11. 교인총회 의결사항 추인 건(서울동남노회 탈퇴 건, 담임목사ㆍ부목사 및 장로 인준의 건, 신청인 교회 규약 제정의 건, 불법행위를 한 교인 출교처분의 건, 교회내 모든 분규 대처 관련 ‘정상화대책위원회’로 권한 위임 건), ② 독립교회연합회 가입 인준 건, ③ 신청인 교회 정관(안) 통과 건

(3) On April 10, 2005, when the general meeting of the members of the instant church was held, 7:00 a.m., 9:00 a.m., 30 p.m., 10:30 p.m., 12:30 p.m., 4 p.m., 12:30 p.m., and 5 p.m. began at 1:30 p.m., and the withdrawal of the instant case was decided under the progress of 1 p.m. other than the applicant’s 1 p.m., at the time, the list of the members with the voting rights of the applicant church was not prepared and kept.

(4) When the convening public notice of the instant teachers’ general meeting was given, the instant teachers’ general meeting instructed the case of withdrawing from the Seoul East-dong Labor Association as an agenda item, but the instant teachers’ general meeting changed the case of withdrawing from the school to the case of withdrawing from the school group.

(5) The resolution of the instant teachers’ general meeting was adopted by the number of copies. Each agenda item was only a method of making 5 seconds to 10 seconds to 5 seconds to 10 seconds upon the request of Nonparty 1, the executor, and there was no specific device to prevent duplicate voting (for example, five times to 18 to 5 times).

(6) According to the minutes of the meeting of the instant teachers’ general meeting, the resolution of withdrawal of the instant case is indicated to have been made against 6,488 of the number of 6,686 attending the meeting, and 198 of the number of 6,686 of the number of 6,686 of the number of 6,686 of the number of 6,686 of the members who did not have voting rights and the number of 1,00 of the number of 6,68 of the members

C. Determination

In light of the above-mentioned facts and other circumstances indicated in the record, i.e., ① a resolution to leave or change a religious order, such as the resolution to leave the religious order, which has an influence on the members of the church, and thus requires relatively strict legality in the convening procedure or the method of resolution; ② according to the Constitution of the Korea Student Association to the previous applicants, the convening of the general meeting of the members of the church is subject to the resolution of the church, but the meeting of the members of the present case is not subject to such procedure. ③ The convening of the general meeting of the members of the present case is intended to resolve the agenda of the other members of the meeting, which are sharply conflicting with the other members, so the convening announcement of the general meeting is to be made in a way that the contents of the meeting are sufficiently known, but it is difficult for the members of the meeting of the present case to understand the fact that the convening announcement of the general meeting of the members of the present case is not published in the weekly bulletin but by posting it on the bulletin board of the present case (for example, it is difficult for the members of the church to be held as new voting meeting).

The petitioners asserted that the members attending the instant assembly legitimately exercised their voting rights at the time, and the number of them reaches at least 2/3 of the voting members. However, as seen earlier, the resolution to leave or change the religious order requires strict legality in the convening procedure or the method of resolution, and further, the signature signature book "the signature book "the above letter of confirmation of the resolution of the general assembly" submitted a separate signature from the members of the applicant church at around June 2006, after the lapse of 14 months from April 10, 2005 on which the resolution of the withdrawal of the instant case was adopted, and there is doubt about the credibility of the contents of the resolution. In light of the above, it is difficult to view that the above data alone alone is a defect in the resolution of the withdrawal of the instant case.

D. Sub-committee

As seen earlier, the instant resolution of withdrawal is null and void without any need to make any further determination on the issues, such as whether the votes of 2/3 are satisfied, since there is a serious defect in the convening procedure or the method of resolution.

On the other hand, since the representative of the applicant church was dismissed from the position of a pastor on April 28, 2005 by the decision of the Seoul East-gu Labor Relations Commission's trial on April 28, 2005 and the plaintiff was subject to the disposition of withdrawal from the applicant church, the application of this case of the applicant church is inappropriate and it is filed by the non-representative, and the remaining applicants do not have the right to seek a provisional disposition, such as the written purport of the application, against the respondent who is the joint owner of the right

5. Conclusion

Therefore, the petitioner church's application for provisional disposition of this case and the application for indirect compulsory execution are dismissed, and the remaining applicants' application for provisional disposition of this case and the application for indirect compulsory execution of this case are all dismissed without merit. In the decision of the court of first instance, although all of the applications of this case were dismissed, there is no difference in the validity of dismissal and dismissal in the case of the application, the appeal of this case shall

[Attachment Omission of List of Real Estate]

Judges Kim Jong-sung (Presiding Judge)