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(영문) 울산지방법원 2018.02.08 2017가합1116
임시공동의회결의 무효확인
Text

1. On April 3, 2016, the Defendant’s temporary joint council dismissed the Plaintiff from the delegated pastor and appointed a new representative.

Reasons

In fact, the defendant is a church affiliated with D Religious Organizations (E) affiliated with the FEU (hereinafter referred to as the "Defendant church"), and the plaintiff is a person who was appointed as a member of the defendant church on March 13, 2005 but became a delegate on February 5, 2006.

The occurrence of disputes between the members and the convening of a joint council has occurred between the members since several years, and therefore, C and G, the head of the defendant church, demanded the plaintiff to convene a temporary council on December 14, 2015, but the plaintiff did not comply with the request.

C and G, on December 20, 2015, held a temporary meeting while the Plaintiff was absent, and notified the Plaintiff of the result of the temporary meeting, and requested the Plaintiff to convene a joint meeting, but the Plaintiff rejected it.

C and G received a written petition from 57 members to jointly convene a meeting, and delivered it to the Plaintiff on December 28, 2015, and requested the Plaintiff to convene a “joint meeting for the resolution to dismiss the members of the church and the appointment of the representative of the church,” but the Plaintiff rejected the petition.

On January 8, 2016, 53 members of the defendant church filed an application for permission to convene a joint council with the Ulsan District Court for the dismissal of the plaintiff who is the representative of the defendant church and the appointment of the new representative (Ulsan District Court 2016 non-joint council No. 101), and on March 18, 2016.

On April 3, 2016, the members of the defendant church who decided to dismiss the plaintiff shall hold a temporary joint council in accordance with the decision to permit the convening of the Ulsan District Court on April 3, 2016 to appoint C as the chairperson. The members of the defendant church held a resolution to dismiss the plaintiff from the delegated pastor of the defendant church and to select C as a new representative (hereinafter referred to as the "resolution to dismiss the plaintiff in this case").

The provisions related to this case among the Constitution (hereinafter referred to as the "Constitution") of the relevant regulations D Religious Organizations (E) and the implementation rules of the Constitution (hereinafter referred to as the "implementation rules of the Constitution") are as shown in the attached regulations.

【Legal basis for recognition】

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