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(영문) 대전고등법원 2015.10.16 2014나1841
도령지위무효확인의소 등
Text

1. The instant lawsuit was concluded upon the Plaintiff’s death on October 24, 2014.

2. The plaintiff's successor to the lawsuit.

Reasons

1. Basic facts

A. Defendant’s status 1) around 1939: (a) around 1939, the Defendant: (b) as a religious organization established to display ceiling and props; and (c) as an internal provision for regulating its organization and activities, the Defendant’s representative is located in the building located in Daejeon Jung-gu, Daejeon; (d) is disadvantageous to Do Governor; and (e) the Defendant’s believers is called “Do Governor”.

B. The Plaintiff’s status 1) The Defendant’s first rank was F and the second rank was not elected by G and the third rank was not elected by G and the fourth rank was elected by the Plaintiff on August 1, 1996. (2) On November 1, 1998, the Plaintiff was elected by the five first rank. (3) On April 27, 2002, the Plaintiff designated the Plaintiff’s applicant for the Plaintiff’s lawsuit (hereinafter “applicant for the Plaintiff’s lawsuit”) as the six second rank on August 5, 202.

3. As a result of the preceding lawsuit, J and K filed a lawsuit against the defendant to confirm the existence or absence of the authority of the representative (Seoul District Court 2006Gahap4933), and the Daejeon District Court sentenced that "the defendant, who is the defendant, shall not have the authority to request the continuation of the lawsuit," and that "The Daejeon District Court shall confirm that the defendant, who is the defendant, is not authorized to do

Therefore, the applicant for resumption of a lawsuit filed an appeal as the Intervenor joining the Defendant (Seoul High Court 2007Na5128), but the Daejeon High Court rendered a judgment dismissing the appeal by the Intervenor joining the Defendant, and thereafter the final appeal (Supreme Court 2008Da11283) was dismissed due to the trial non-competence, and the said judgment became final and conclusive on June 12, 2008.

[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. Claims and determination of the Plaintiff and the applicant for succession

A. The summary of the argument is that both the resolution of the general meeting of June 10, 2007 and the resolution of the general meeting of August 2, 2008, claiming that the Defendant elected C as Do governor, have significant procedural defects. C does not have authority or status as the defendant's order, and C does not order the defendant to file a lawsuit.

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