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(영문) 광주지방법원목포지원 2016.09.08 2015가합11804
담임목사지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C (D) who is represented by the plaintiff.

Reasons

1. Basic facts

A. The E religious order (hereinafter “instant religious order”) was established on April 8, 1953, and the Plaintiff church was established on April 29, 1973 and joined the instant religious order around that time.

B. G religious orders (hereinafter “G religious orders”) were established on May 19, 2009.

C. On September 18, 2015, the Honam local council of the G religious order opened a meeting of executive officers and passed a resolution to send C to the "members of the church" to the "members of the church."

(hereinafter “Resolution of this case”). 【No dispute exists, Gap evidence 2, Gap evidence 8-1 through 3, Eul evidence 20, and the purport of the whole pleadings.

2. Judgment on the defendant's main defense of safety

A. The resolution of this case is null and void where the plaintiff church does not belong to the G religious order, and the members of the G religious order south local council dispatched C to the representative of the plaintiff church.

Therefore, the instant lawsuit is unlawful because it constitutes a lawsuit filed by a person without the power of representation.

B. In full view of Gap evidence 1 to 4, Gap evidence 5-1 to 6, Gap evidence 6, 7, Eul evidence 8-1 to 3, Gap evidence 9, Gap evidence 10-1 to 3, Gap evidence 11, 12-1, 2, Gap evidence 13 through 16, Gap evidence 17 through 21-1, 2, Gap evidence 222 through 33, 30 through 37, Gap evidence 38-1, 2, Eul evidence 39 through 46, Eul evidence 1 to 47, Eul evidence 1 to 6, Eul evidence 2-2, Eul evidence 1 to 37, Eul evidence 2-2, Eul evidence 1 to 37, Eul evidence 2-2, Eul evidence 1 to 4, Eul evidence 7-2, Eul evidence 1 to 7, Eul evidence 1 to 2-2, Eul evidence 1 to 37, Eul evidence 2-2, Eul evidence 1 to 37

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