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(영문) 서울서부지방법원 2013.12.19 2013가합8007
총회장직위부존재확인 등
Text

1. Of the instant lawsuit, the part demanding confirmation of the absence of the status of the C General Meeting Head shall be dismissed.

2. The plaintiff (appointed party) and the plaintiff.

Reasons

Basic Facts

C A religious order (hereinafter referred to as the "C religious order") is an organization comprised of each church under its jurisdiction.

The plaintiff (appointed party, hereinafter referred to as the "Plaintiff") is the founder of the C Educational Group and the person who was the head of the C Educational Group, and the designated parties are the members of the C Educational Group.

On May 10, 2010, the 1,317 members of the church church belonging to the C Educational Group held an inaugural general meeting of an incorporated association and resolved to establish D (hereinafter referred to as “ Incorporated Association D”) an incorporated association by contributing the deposit property of KRW 500 million to the bank of the C Educational Group as its fundamental property, and by contributing the claim of KRW 13 million to the national bank as its common property.

An incorporated association D obtained permission for establishment from the competent authority on May 31, 2010.

On September 20, 2011, at the ordinary meeting of D, an incorporated association, held on September 20, and the ordinary meeting of D, held on September 11, 2012, the defendant was elected as the president of D, who is the representative of D.

The plaintiff attended as the head of the ordinary meeting of the above general meeting and held a congratulations and wedding ceremony.

On the other hand, around August 2012, D, an incorporated association, owned approximately KRW 10 billion assets of the Plaintiff, and as the Plaintiff’s children, E Ba, was informed of the operation of the dan in the new villages, etc., causing disputes between the Plaintiff and the Plaintiff’s reprimand.

From November 2012, the Plaintiff sent to the members of the church belonging to the Cridge a written statement stating that “the Plaintiff, an incorporated association, who established the general assembly of the C principal, shall not damage the religious order and the general assembly, shall improve the method of election of the head of the general assembly, and shall request the members of the church belonging to the C principal.”

In addition, on December 1, 2012, the Plaintiff and the designated parties together with the said Plaintiff and the said Plaintiff are publicly announced to the effect that “the Plaintiff, as the founder of C Educational Group, dissolved D as an incorporated association as of December 1, 2012, and hold a meeting of C Educational Group on December 18, 2012.”

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