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(영문) 부산고등법원 2016.06.15 2015나991
위임목사해제 및 면직처분무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The reasoning for the court’s explanation on this part of the defense is as follows, and the corresponding part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, except where each corresponding part of the judgment of the court of first instance is used as follows. Thus, it is citing this as it is in accordance

Part 8 to 12 ", however, there is no or no" shall be done in the same manner as the following part:

However, even though the debate related to the labor union belonging to the church of this case became the main issue of the dismissal judgment of this case, the above judgment is ultimately an issue of the division of the plaintiff's church of this case, and the contents of the above agreement and the resolution of the board of directors of the general assembly are limited to where the church of this case belongs in the future. Thus, it cannot be deemed that the above agreement includes the contents that the church of this case does not institute any lawsuit in the future regarding the validity of the dismissal judgment of this case, and it is difficult to see that there was an agreement between the parties in the above agreement. Therefore, the defendant's above argument is without merit. The part of the "in this case, there is no health stand or no one" of the 5th to 11th " ," as part of the 5th 6th . .

In the case of this case, the public health unit and the members of a church have the status as the representative of a church, which is a non-corporate group, as well as the right to manage and dispose of the church properties. Since the dismissal decision of this case contains the deprivation of the plaintiff's above status, it is deemed that the plaintiff's claim for nullification of the above judgment is irrelevant to specific rights or legal relations.

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