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Translation. Localization.
January 29, 2024
CERTIFICATION OF TRANSLATION
I, Fran S. Yoon, hereby certify:
That I am an interpreter/translator certified in the state of New York and registered with
the federal courts of Louisiana, Massachusetts, New Jersey, New York, North Carolina,
Pennsylvania, Virginia and Washington D.C., that the attached translation, has been
translated by me from English to Korean, and that, to the best of my knowledge, ability
and belief, the following is a true and accurate translation of:
- Affidavit of Ki Joon Ahn
For the reasons set forth I above, I also certify that the English language version
accurately conveys the meaning of the Korean text signed by the declarant.
I affirm this 29th day of January, 2024, under the penalties of perjury under the laws of
New York, which may include a fine or imprisonment, that the foregoing is true, and I
understand that this document may be filed in an action or proceeding in a court of
law.
________________________________________
Fran S. Yoon
Interpreter/Translator
10 Winding Rdg, Oakland, NJ 07436
T: (201) 655-2011 | E: franyoon@gmail.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
CHIN KON KIM, YOON SUP CHOI, BYUNG SEA CHO, Index No. 706483/2023
KI JOON AHN, CHIWON PAK, HAE RAN CHOI, HAN
TAE CHO, HYON SUNG CHON, JINWON KIM, JUNG
SUN KIM, JUNG WHA AHN, KUKJI CHO, AFFIDAVIT OF KI JOON
MYUNGSOOK KIM, MYUNGHEE YOON, OK YUAN AHN
KIM, SANG IN LEE, SOON OK KIM, YOUNG SOON
CHOI, as officers, trustees and members of THE NEW
YORK CHURCH OF CHRIST, INC.,
Petitioners,
- against -
CHUNG EUN HAN (a/k/a SAMUEL HAN), BYUNG SOO
PARK, IN IL SHIN, and JOHN AND JANE DOES (1-10),
Respondents.
KI JOON AHN, being duly sworn, deposes and affirms the following:
1. I am an Elder, Trustee, Member and the Administrator in charge of the temporal affairs
of The New York Church of Christ, Inc. (hereinafter “the Church” or “Church”) and a
Plaintiff in this action.
2. I submit this affidavit in opposition to the Respondents’ motion to enjoin the Church
from holding its 2023 annual meeting and electing a board of trustees.
3. The contents of this Affidavit are true and correct to my personal knowledge and the
books and records of the Church, except where they are made on information and belief,
and as to such statements, I verily believe them.
4. The New York Church of Christ was incorporated in 1978 under Article 10 of the
Religious Corporations Law as a non-denominational church. It was founded to serve
Korean-speaking believers who adhered to the beliefs of the worldwide Church of Christ
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movement. At the time, there was no local congregation of the Church of Christ in the
New York City area that served the Korean-speaking population. A true and correct copy
of the Church’s membership roster from 1998, which is submitted herewith as Exhibit 4,
shows that at that time the members of the Church all had Korean names.
5. Members of the Church of Christ believe and accept the Bible as the inerrant and perfect
Word of God. We recognize no authority outside the Bible in matters of faith and
subscribe to no creed, catechism, or statement of faith other than the Bible. As provided
in the Bible, the Church is completely autonomous, with Jesus Christ as its Lord and
Head.
6. The Church is one of many Churches of Christ around the world. Following Biblical
standards, in the Churches of Christ we do not believe a preacher to be a leader of the
Church but a person who is a messenger of the teachings of Christ. The preacher has no
role whatsoever in activities that are not related to the Church’s religious message.
7. The local eldership is the highest authority in each individual Church of Christ
congregation, including the Church. When the New Testament uses the terms “bishop”
and “overseer,” it is referring to the elders of a congregation, not to the preacher. The
Bible teaches that the elders of each congregation are responsible for attending to the
spiritual welfare of the congregation, teaching serving, encouraging, exhorting, leading,
and directing the financial and other affairs of the congregation. All members of the
congregation, including deacons and ministers/preachers, are subject to the oversight of
the elders.
8. The Church also has trustees who have responsibilities and powers as assigned to them
by the Religious Corporations Law of the State of New York. They exercise these powers
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under the supervision of the Elders.
9. The Church operates based on the teachings of the Bible. The corporate affairs of the
Church are governed by the certificate of incorporation and a set of by-laws that was
adopted at the time of the Church’s incorporation. True and correct copies of the original
certificate of incorporation and the first amendment thereto are submitted herewith as
Exhibits 1 and 3, respectively.
10. On December 6, 2015, the Church had an annual meeting wherein it was decided by the
board of trustees that Church would: (1) increase the number of trustees from three to six;
(2) fix the annual election of trustees to be held on the first Sunday of December of each
year; (3) amend the principal place of worship of the Church as 37-06 11th Street,
Corona, NY 11368 (hereinafter “the Premises”); (4) list all of the trustees elected at the
2015 annual meeting (Hong Keun Kim, Byung Sea Cho, Byung Soo Park, Yoon Sup
Choi, Choong Yong Hwang and Ki Joon Ahn); and (5) list the terms to which each of the
trustees was elected. A true and correct copy of the Statement of Removal And
Certificate of Amendment of Certificate of Incorporation of The New York Church of
Christ, Inc. is submitted herewith as Exhibit 7.
11. A copy of the Church’s true by-laws is submitted herewith as Exhibit 2.
12. After the 2015 annual meeting, no other meeting was held to nominate or elect any
trustees of the Church. No successors have been elected for the 2015 trustees.
13. The Church’s Bylaws state that “[e]ach director shall hold office until the expiration of
the term for which he was elected and until his successor has been elected and shall have
qualified, or until his prior resignation or removal.”
14. Three of the trustees who were elected in 2015 are still in office as trustees of the Church:
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they are Byung Sea Cho, Yoon Sup Choi and me. Former Trustee Hong Keun Kim has
stated in writing that he is no longer a trustee. Choong Yong Hwang and Byung Soo Park
vacated their office as trustees when they stopped attending the Church and ceased to be
members thereof.
15. The Church wishes to conduct its 2023 Annual Meeting to elect successors to the 2015
Trustees. The Respondents have filed a motion to prevent that election, and the Court has
issued a temporary restraining order against the holding of any elections or corporate
meetings pending the determination of the pending motion. The Court should permit the
Church to elect successor trustees.
16. Respondents’ motion is based on their claim to have elected trustees for the Church in
December, 2022. The basis for the litigation among the parties is the fraudulent claim by
Respondent Chung Eun Han (“Preacher Han”) to be the continuing pastor (and now, the
purported Vice President and trustee) of the Church. It is past time for the Court to put
an end to the Respondents’ imposture.
17. The 2017 Membership Roster of the Church, submitted herewith as Exhibit 8, shows that
the membership of the Church continued to include only persons with Korean names. Our
services were conducted in the Korean language, and our written internal Church
communications were all in Korean.
18. In 2018, the Church’s Board of Elders consisted of myself and Chin Kon Kim (“Elder
Kim”). At the time, Elder Kim was visiting Korea, so I acted as the Board of Elders in
hiring Preacher Han.
19. The Church’s Board of Elders hired Preacher Han in June of 2018 after he met with myself,
Elder Choi (who was the Church’s preacher, and a trustee, but not yet an elder) and
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Defendant Byung Soo Park. At Byung Soo Park’s insistence, we hired Preacher Han as
the Church’s Minister for 5 years, with a reservation of right to review and terminate his
employment after one year. A true and correct copy of Preacher Han’s hiring letter is
submitted herewith as Exhibit 9.
20. Byung Soo Park was a former preacher who had joined the Church as a member after his
own church failed. He was a trustee of the Church in 2018 and had served the Church as
an assistant preacher. One of the reasons why we hired Preacher Han was that Byung Soo
Park had developed animosity toward Elder Choi that caused him to step down as
preacher.
21. Preacher Han was not ordained as a non-denominational Minister. Preacher Han even had
to be baptized before he could become a member of the Church. Preacher Han was not
educated in the teachings of the Church of Christ. On information and belief, he received
all of his training at a Korean Presbyterian seminary. A true and correct copy of the
resume Preacher Han provided to us is submitted herewith as Exhibit 10.
22. We normally hire Preachers that are known to the Elders and who are educated in the
Church of Christ doctrine, but we hoped that Preacher Han’s youth and ability to speak
both Korean and English would help the Church to attract new members and converts.
23. In hiring Preacher Han, the Church provided him with the use of the parsonage, which is
part of the Church’s sanctuary and office building located at 37-06 111th Street in Corona,
New York, and with keys to the Premises and its parking lot.
24. Preacher Han persuaded the Elders to add Byung Soo Park as an authorized user of the
Church's bank accounts with the Bank of Hope in 2018, and to open a new account with
the Bank of Hope, with Byung Soo Park as a signatory, in March, 2019. However, the
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Bank of Hope’s documentation, submitted herewith as Exhibit 11, acknowledged that I
was the principal representative of the Church in its relationship with the bank.
25. Unfortunately, the sermons that Preacher Han delivered to the Church were not consistent
with the teachings of the Church of Christ. The Church of Christ follows the spirit of the
Restoration Movement that began in the 19th Century. In the spirit of that movement, the
Church governs itself, its life as a community, and its relationship with the world around
it, on principles which the Elders and the congregation derive from their reading and
understanding of the Bible. To me, and to other members, Preacher Han’s sermons
seemed to be more about himself than about the Word of God.
26. In the judgment of the Elders of the Church, Preacher Han also failed to connect with the
members of the Church and provide them with spiritual guidance as all of our Preachers
have done in the past. Many members of the Church complained that the Church was
changing for the worse under Preacher Han.
27. In or about the last week of June of 2019, I headed a meeting with Preacher Han, Byung
Soo Park, and Elder Choi. Elder Choi and I informed Preacher Han that there were
concerns from the Church’s congregation regarding the way that Preacher Han had
performed during his one-year tenure. We informed Preacher Han that we could not
consent to extending his tenure for another four years. Instead, we informed Preacher
Han that we would continue to review his performance on a month-to-month basis to see
whether he could improve. We were very clear that we reserved our right to terminate his
employment with the Church at any time.
28. Byung Soo Park demanded we allow Preacher Han to serve for an additional 4 years.
Elder Choi and I strongly opposed such an extension for Preacher Han. During the
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ensuing months, we experienced increasing difficulties with Preacher Han and Byung
Soo Park.
29. On September 17, 2019, I went to the Republic of Korea until October 10, 2019. When I
returned, members of the Church informed me that on September 22, 2019, Byung Soo
Park and Preacher Han tried to hold a congregational vote to remove me as an Elder.
Fortunately, the members refused to hold such a vote without my presence.
30. On November 17, 2019, Elder Kim texted Preacher Han that Byung Soo Park was to be
prohibited from participation in future decision making for the Church. See Exhibit 31.
On November 23, 2019, Elder Kim texted Preacher Han again, warning him against his
defiance of the Church’s elders, and indicating that we believed that Byung Soo Park was
stirring up trouble in the Church. See Exhibit 32.
31. In late 2019, the Church had only two Elders, Elder Kim and myself. In or about
November/December 2019, we decided to appoint Yoon Sup Choi as Elder. See Exhibit
33.
32. Preacher Han refused to honor the decision of the Elders and refused to announce to the
congregation the appointment of Yoon Sup Choi as an Elder.
33. Late in November 2019, the Elders decided that it would be helpful for the members of
the Church if a Sunday sermon was conducted by Elder Ron Butterfield from the
Henderson Church of Christ in Tennessee. See Exhibit 34. Preacher Han again refused.
34. During another Elder meeting, it was decided that Elder Choi would take title to one of
the Church’s vans. It was decided that transferring title to the van to Elder Choi would be
in the best interest of the Church. Preacher Han took issue with this decision and made
false claims of theft against Elder Choi.
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35. At some point in December 2019, Preacher Han and/or Byung Soo Park froze the
Church’s bank accounts to stop me from accessing them. I was a signatory on the
account, as I was the Administrator who was personally responsible for making business
decisions for the Church.
36. After these events, the Elders voted to remove Preacher Han from his position. A true and
correct copy of the letter we sent to Preacher Han terminating his employment with the
Church as of December 23, 2019 is submitted herewith as Exhibit 12. The congregation
subsequently approved the dismissal of Preacher Han. Astonishingly, Preacher Han
refused to accept his removal as the Church’s preacher.
37. In late December, 2019, Preacher Han called the police on Elders Kim, Choi and me for
allegedly breaking into the Church illegally and taking Church property illegally. It was a
totally trumped-up false charge against us. Elder Choi was not even there, and we did not
take any documents, as Preacher Han alleged. But we would have had a complete right to
take any church documentation or property with us if we had chosen to do so, as we
were, and still are, the Elders of the Church, and therefore, according to the interpretation
of the Bible followed by the Churches of Christ, we are the bishops or overseers of the
Church. The police did not arrest or charge any of us. A true and correct copy of the
police incident information slip from that date is submitted herewith as Exhibit 18.
38. Afterwards, Preacher Han changed the locks for the Premises without the knowledge or
consent of the Church’s Elders or trustees. From that point and for the following year and
a half, during the height of the Covid epidemic, the members of the Church were locked
out of our own Church sanctuary and unable to conduct worship services or any other
activities there.
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39. After Preacher Han froze our access to the Church’s bank accounts, the Elders with my
consent as Administrator of Temporal Affairs of the Church, created a new account with
Chase Bank so that the Church’s activities and affairs could continue to be funded.
40. Despite knowing this, Preacher Han decided to make a fraudulent police report deeply
hurting me and other members of the Church.
41. On January 23, 2020, Preacher Han, Byung Soo Park and In Il Shin filed a lawsuit
purportedly on behalf of the Church against myself and the two other Elders, Plaintiffs
Yoon Sup Choi (“Elder Choi”) and Chin Kon Kim (“Elder Kim”). The case is captioned
The New York Church of Christ Inc. v. Chin Kon Kim a/k/a James C. Kim, Yoon Sub
Choi a/k/a James Choi and Kijoon Ahn, bearing the Index Number 701271/20 in this
Court (hereinafter the “Imposter Action”). A true and correct copy of the Imposter Action
Summons and Complaint is submitted herewith as Exhibit 13.
42. Preacher Han, Byung Soo Park and In Il Shin had no authority to file an action on behalf
of the Church. The Imposter Action falsely stated that the then-current trustees of the
Church were Preacher Han, Byung Soo Park and In Il Shin, and that they had allegedly
been “appointed” by Preacher Han.
43. The Imposter Action also falsely alleged that the Church was governed by a set of by-
laws that had been “in effect since January 27, 2019” (the “Sham By-laws”). A copy of
the Sham By-laws, as filed in court by Preacher Han, is submitted herewith as Exhibit 14.
44. Reviewing the papers of the Imposter Action was the first time I saw the Sham By-laws
as well as other fake documents, such as a fake letter allegedly showing Preacher’s Han’s
reconfirmation, submitted herewith as Exhibit 17. I was shocked to see my name and
signature as one of the signatories of the Sham By-laws. There was no meeting to adopt
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new by-laws. I had absolutely no prior knowledge or any notice that new by-laws were
even being drafted. I was completely in the dark about the most important decision a
Church can make.
45. In late 2018/early 2019, Preacher Han and Byung Soo Park passed around a sheet of
paper asking us to write our names, addresses and signatures. The list already had the
names of some members of the Church typed in Korean. In the Imposter Action Pastor
Han claimed that the list was really to adopt by-laws, and it is appended to the Sham By-
Laws. This is a lie and a fraud. My signature appears on the second line but I never
consented and still do not consent to adopting the by-laws provided in Exhibit 14.
46. In order to adopt by-laws as noted above, our Church would have required a notice to all
members of the Church, and a member meeting at which the members would have voted
to adopt them by a 2/3 vote.
47. Like most churches, the Church has a weekly-written bulletin. Each week, it is given out
to every congregation member and sets out the order of service for the day as well as any
announcements. The Church’s practice is to include notice in the bulletin of special
meetings or votes regarding the Church. Submitted herewith as Exhibit 15 are true and
correct copies of the Church’s bulletins from December 19, 2018 through January 27,
2019. Not one bulletin mentions that the Church was contemplating or setting a date to
adopt by-laws or electing a new board of trustees. There were also no verbal notifications
during announcements at the Sunday Services before the sham meeting allegedly took
place.
48. In support of the Imposter Action, Preacher Han also filed a document, submitted
herewith as Exhibit 17, that purported to be a “reconfirmation” of his ministry with the
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Church. That letter is a forgery. As described above, in June 2019 we told Preacher Han
that his ministry was not acceptable, that we were not extending his ministry for another
four years, and that he would be evaluated on a month to month basis, expecting to see
improvement. The termination letter and warning texts that Elder Kim sent him in
November and December, 2019 – which Preacher Han filed with the court in the
Imposter Action – corroborate the continued weakness of his standing with the Church in
late 2019. Those texts are incompatible with the statements made in the supposed
reconfirmation letter.
49. Preacher Han also forged a third document and submitted it in court in support of the
Imposter Action. Submitted herewith as Exhibit 19 is a fake document, purporting to be a
record of the Church, terminating Elder Kim’s eldership standing with the Church in
2016. It purports to be signed by me and others on behalf of all Church members, after a
2016 congregational annual meeting. I never authorized my name to be put on any such
communication, and the congregation never removed Elder Kim or even discussed such a
thing in any congregational meeting. As an additional evidence of its forged nature, the
document purports to have been drafted in the English language, although the internal
business of the Church is conducted in Korean.
50. The court should take note that, in initiating his attempt to manipulate the court system
into ratifying his attempt to take over control of the Church and its assets, Preacher Han
submitted demonstrably false, forged documents to the court. Each subsequent attempt
that Preacher Han has made to increase his control over the Church and its assets has
used trickery and false representations, including his supposed December 2022 annual
meeting.
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51. The Sham By-laws purported to set forth a change in control of the Church from the
Council of Elders to Preacher Han. The Sham By-laws also purported to give Preacher
Han the ultimate power to pick and choose who the Church’s trustees are. They would
have completely stripped me and the other Elders of any say in the running of the
Church, and would have stripped the congregation of their power to elect trustees. The
Sham By-laws also conveniently purported to give Preacher Han full power and control
over every decision for the Church, including its finances.
52. With the filing of the Imposter Lawsuit and the fabrication of fraudulent by-laws and
other forged documents, Preacher Han, Byung Soo Park and In Il Shin essentially stole
the identity of the Church in an attempt to use the power of the courts to take over the
Church and its assets and to oust anyone in their way.
53. The Respondents used the pretext of the Imposter Action to approach the Church’s Bank,
the Bank of Hope, and close the Church’s accounts there. As a result, they converted to
their own use over three hundred thousand dollars of the Church’s money, which on
information and belief they deposited in another account that is still under their control.
54. Respondents also tried to evict and force out our longtime tenant and pillar of the Korean
Community, Korean Community Services of Metropolitan New York, Inc.
55. Defendants also tried to threaten our website hosting provider HelloCP
Communication from hosting our website located at http://cocny-org.cpcpnet.com/cp/.
56. Chung Eun Han is still residing at the Church Property with his family, which he has
been able to do because of the continuing litigation.
57. The Church owns several vans that it uses for Church purposes. Preacher Han is in
possession of one of these vans and uses it for his own purposes.
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58. The Respondents’ evil acts toward the Church and its members forced the Petitioners to
file a counter-suit to stop them, under the caption The New York Church of Christ Inc., et.
al. v. Chung Eun Han, Byung Soo Park, In Il Shin, Hong Keun Kim and John and Jane
Does 1-10, bearing the Index Number: 707357/2020 ("the Derivative Action"). NYSCEF
Doc. 56.
59. On April 19, 2021, the Court granted our motion for a preliminary injunction in the
Derivative Action and ordered that: (1) Chung Eun Han, Byung Soo Park, Il In Shin and
Hong Keun Kim were enjoined from holding themselves out as representatives, trustees
or officers of the Church; and (2) enjoined Chung Eun Han, Byung Soo Park, Il In Shin
and Hong Keun Kim from interfering with, disturbing, obstructing or impeding the
plaintiffs from conducting regular Sunday worship service with church school classes,
committee meeting and social hour in the Church's Premises between 10:30 a.m. and 9:00
p.m. NYSCEF Doc. 19.
60. Despite the court forcing Chung Eun Han to allow the Church to use the Church's
sanctuary for our religious activities on Sundays, we do not have full control of our
Premises back even after four years of litigation.
61. Chung Eun Han pretends to be the leader of the Church, but that is a lie. Instead, he
wants to use the Courts to steal the Church from its own members and have it for himself.
Preacher Han, a vigorous man still in his early middle age, has frequently started
confrontations with members of the Church – many of them elderly and frail – spitting at
them, blocking them from entering the sanctuary, locking doors, and physically pushing
them, and then complained to the police if anyone pushed back.
62. Preacher Han also parks the Church’s van in front of the front entrance to the Church on
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Sundays, making it hard for elderly persons who use walkers to exit vehicles and enter
the church.
63. Chung Eun Han attempted to convene a congregational meeting in 2021 to ratify his
Sham By-laws. This effort was shot down by the Court in the Derivative Action in a
decision that is submitted herewith as Exhibit 27.
64. Chung Eun Han claims to have conducted an annual meeting of the Church in December,
2022 despite the Court barring Chung Eun Han and Byung Soo Park from acting as a
trustees, officers or representatives of the Church.
65. Chung Eun Han claims to have given notice of a 2022 annual meeting as the “minister”
of the Church, which forms the basis for the instant motion in which he is trying to
suppress the Church’s election of successor trustees. Han buttresses his claim with the
order of the court in the Derivative Action, on file as NYSCEF Doc. No. 19, which
denied our request to have the court enjoin him against holding himself out to be the
Church’s pastor.
66. But no court has held on the merits that Chung Eun Han actually is still the Church’s
pastor. Rather, in the Derivative Action the Court refused to consider the copy of the
dismissal letter that we filed, because the letter was written in Korean and the translator’s
certificate was defective. For that reason, the Court held that we had failed to show
sufficient evidence to prevail on that claim – but the Court invited us to revisit the issue
with better proof. We have re-submitted the dismissal letter herewith as Exhibit 12, along
with a proper certificate of translation. Thus, the court now has before it proof that
Preacher Han’s services as preacher were terminated by the Church.
67. The purported 2022 annual meeting was not called or convened by the Church’s trustees;
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it was not announced by the Church’s minister; no announcement was made from the
pulpit during a meeting of the Church; no notices were posted where members could see
them; and no notices were mailed to members of the Church. Preacher Han could not
have presented notice at a Church meeting on Sunday without violating the court’s order
prohibiting him from entering the sanctuary while the Church’s service was in session.
See Exhibit 25. Preacher Han has presented the court with proof that he mailed notice to
Church members, in the form of a photograph of those envelopes. NYSCEF Doc. No. 21,
at 50. Not one of the envelopes was addressed to a member of the Church, however –
providing proof that Preacher Han did not provide notice to the members.
68. Chung Eun Han claims that the following persons are members of our Church: Gustavo
Tlelo Toxqui; Jimi Calle; Bertha Pinguil; Song Kyung Ja; Linda Williams; An Seok Han;
Juan Roberto Valencia; Cho Sang Nam; Hae Yeong Sheen a/k/a Hae Young Shin; Paul
Song; Woon Yoong Song; Hilda Salgado; Jose Quintero; Aida Tenelmo; Ivan Paseweia
a/k/a Ivan Leonel Plasencia; David Han; Minhye Jeong; Jorge Pineda; Alma Salgado;
Luis Calle; Jacinto Lopez; Omar Alejo; Angelica Salgado; Elvia Salgado; Nelly Salgado;
Jaime Medina; Segundo J. Loja; Ofelia Luna; Mitzi Jasmine Osorio Luna; Enrique
Vicente; Cheong Dae Han, German Gomez, Angel Tenezaca, Bolivar Zhinin, Eunae Jin,
Lesley Pinsil, Manuel Barrera. These persons are not members of the New York Church
of Christ. I have never seen them at meetings of the church and they have never attended
services of the Church; they were never admitted to membership in the Church; and they
have never contributed to the financial support of the Church.
69. The following persons, who are listed as members of Chung Eun Han’s church, used to
attend the Church, but they left after Chung Eun Han was terminated as the minister of
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the Church: Chung Eun Han; Byung Soo Park; Gi Eun Lee (who is Preacher Han’s wife);
Young Soon Park; and Jonghyun Park. Preacher Han brought Jonghyun Park to the
church to be a choral conductor, and on information and belief, assisted him with a green
card application. They are no longer members of the Church, and they were not members
of the Church in December 2022.
70. After the Respondents filed the instant motion, the Church found out that Chung Eun Han
claims that the following persons are trustees and officers of the New York Church of
Christ: Byung Soo Park (trustee and president); Chung Eun Han (trustee and vice
president); Kyung Ja Song (trustee and treasurer); Linda Williams (trustee and assistant
treasurer); Gi Eun Lee (trustee and secretary); and Gustavo Tlelo Toxqui (trustee and
assistant secretary). These persons are not trustees or officers of the New York Church of
Christ. By holding themselves out to be officers of the Church, Preacher Han and Byung
Soo Park are violating the Court’s order, still in effect, prohibiting them from acting as
trustees or representatives of the Church. See Exhibit 23.
71. Many of the individuals who are presented as church members in Respondents’ papers
own automobiles that use the Church’s parking lot on a permanent basis. When Preacher
Han took over control of the Church in 2020, he locked the Church’s members, and the
volunteers, staff and patrons of our tenant, the Korean Community Center, out of the
parking lot, which we had used on Sundays. Instead, the lot has been filled since then
with commercial vehicles and private cars that remain parked there on a day to day basis.
Presumably Preacher Han is collecting rent from use of the parking lot, rent that he is not
releasing to the Church. Vehicle ownership records provided by the State of New York
show that many of the vehicles are owned by persons who have the same name as
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persons whom Preacher Han claims to be members of the Church. See Affirmation of
Jonathan Nelson dated January 22, 2024; Exhibits 35 and 36. It is reasonable to speculate
that the “membership” of these persons has more to do with their ability to park in the
Church’s lot than their interest in Preacher Han’s sermons. Indeed, the Church’s members
and security personnel have noted that no one appears to be attending any services run by
Preacher Han’s “church.”
72. The documents provided by Chung Eun Han as evidence of a church election refer to
"election administration rules" and "election management rules." This is a complete
fabrication and fraud upon the Court. The Church never adopted such elaborate rules for
elections or any of the election "forms" Chung Eun Han provided. See NYSCEF Doc. 38
and 39. Chung Eun Han also never provided such documents when he filed the fake-
bylaws in the Imposter Action.
73. Like the Sham By-laws and the forged documents he filed in court in the Imposter
Action, Preacher Han has created an elaborate sham, based on fake paperwork and (we
believe) an imaginary church congregation, to allow him to continue to use the Church’s
bank funds, live in the Church’s parsonage, harass the Church’s members, and use the
Church’s physical assets (e.g., its parking lot) for personal gain. The purported 2022
annual meeting is just another sham.
74. Chung Eun Han pretends to have held an annual meeting of the Church in December,
2022, to elect trustees. His meeting, if it actually occurred, was not an annual meeting of
the Church. To the best of my knowledge, no one who was an actual member of the
Church attended any such meeting. It did not take place in the sanctuary of the Church on
December 4, 2022. The persons who were elected at the meeting are not trustees or
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officers of our Church; they have nothing to do with the Church.
75. Preacher Han has filed, as his Exhibits B, C and D in support of the instant motion,
NYSCEF Docs Nos. 34 - 36, affidavits from three purported members of his church, but
not of the New York Church of Christ, Inc., in which they testified that they attended
meetings of the Church. They may or may not have attended meetings, but they were not
meetings of the Church.
76. Preacher Han has also submitted an email to the Church’s attorneys, appended as an
exhibit to his affidavit filed as Exhibit E (NYSCEF DOC. No. 37) in support of the
instant motion, that confirms that he did not in fact provide notice by email or by any
other means to the members of the Church, and that the services in which he purports to
take part are “separate” from the ones that the Church conducts. Notice to his own
followers, at meetings that he conducts with them separate from the Church’s regular
Sunday services, does not qualify as notice to the Church; nor does an email to a law firm
in litigation.
77. Preacher Han’s affidavit contains clear perjury in his statement, at paragraph 7, that
They kept alleging that they are elders and higher decision-making group.
As I am minister at Church of Christ, I never heard of that elders are
higher governing body ….
78. Han has always known that the Elders govern the Church: it was a part of his contract,
which he signed, submitted herewith as Exhibit 9. The contract contains the following
language:
[W]e actively participate in the Restoration Movement which argues
restoring the early church in the New Testament and returning to the
Bible.
****
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Church Governance and Decision on Matters
… The Elders consisting of at least two elders make a final decision on the
church governance after considering all opinions from church members
and the evangelist.
79. Preacher Han also filed in court (as NYSCEF Doc. No. 10 in the Imposter Action) a text
message which he received from Elder Kim dated November 23, 2019 (Exhibit 32,
submitted herewith), in which he told him, in relevant part,
I am very concerned about you, Samuel.
Never try to defy the elders.
If an evangelist defies the elders in the Church of Christ, he will be
removed from office immediately, which makes it almost impossible for
him to move to other churches.
80. And in the letter which dismissed Preacher Han from his employment with the Church,
submitted herewith as Exhibit 12, Elder Kim wrote the following to him:
1. In the perspective of a dogma: Although a pastor in The New York
Church of Christ shall be faithful to his duty of teaching as a preacher, and
respect and obey the Elders, who have a authority over the church's
governance and administrative matters, you instigated church members to
object to the decisions by the Elders and push his own opinion onto the
church, which resulted in severe disruptions in order.
81. The reference to the Restoration Movement in Preacher Han’s hiring letter is very
significant in this regard. The Church of Christ developed from the Restoration
Movement of the 19th Century, also known as the Stone-Campbell Movement. According
to an encyclopedia that explains the place of the Church of Christ in the Restoration
Movement, elders are considered to be the highest authority in the local church:
Elders (presbyteroi), also called bishops or overseers (episkopoi) in the
New Testament, were authorized by the congregation to “preside over, to
instruct, and to edify the community – to feed the church of the Lord with
knowledge and understanding – and to watch for their souls as those that
must give account to the Lord at his appearing.”
****
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The Twentieth century saw the Stone-Campbell movement divide into
three separate fellowships. The Churches of Christ have primarily
followed and developed the position of J.W. McGarvey, whereby the
minister is subject to the local elders.
Elders, Eldership, in Foster, et al., The Encyclopedia of the
Preview
FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 Translation. Localization. January 29, 2024 CERTIFICATION OF TRANSLATION I, Fran S. Yoon, hereby certify: That I am an interpreter/translator certified in the state of New York and registered with the federal courts of Louisiana, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Virginia and Washington D.C., that the attached translation, has been translated by me from English to Korean, and that, to the best of my knowledge, ability and belief, the following is a true and accurate translation of: - Affidavit of Ki Joon Ahn For the reasons set forth I above, I also certify that the English language version accurately conveys the meaning of the Korean text signed by the declarant. I affirm this 29th day of January, 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. ________________________________________ Fran S. Yoon Interpreter/Translator 10 Winding Rdg, Oakland, NJ 07436 T: (201) 655-2011 | E: franyoon@gmail.com 1 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS CHIN KON KIM, YOON SUP CHOI, BYUNG SEA CHO, Index No. 706483/2023 KI JOON AHN, CHIWON PAK, HAE RAN CHOI, HAN TAE CHO, HYON SUNG CHON, JINWON KIM, JUNG SUN KIM, JUNG WHA AHN, KUKJI CHO, AFFIDAVIT OF KI JOON MYUNGSOOK KIM, MYUNGHEE YOON, OK YUAN AHN KIM, SANG IN LEE, SOON OK KIM, YOUNG SOON CHOI, as officers, trustees and members of THE NEW YORK CHURCH OF CHRIST, INC., Petitioners, - against - CHUNG EUN HAN (a/k/a SAMUEL HAN), BYUNG SOO PARK, IN IL SHIN, and JOHN AND JANE DOES (1-10), Respondents. KI JOON AHN, being duly sworn, deposes and affirms the following: 1. I am an Elder, Trustee, Member and the Administrator in charge of the temporal affairs of The New York Church of Christ, Inc. (hereinafter “the Church” or “Church”) and a Plaintiff in this action. 2. I submit this affidavit in opposition to the Respondents’ motion to enjoin the Church from holding its 2023 annual meeting and electing a board of trustees. 3. The contents of this Affidavit are true and correct to my personal knowledge and the books and records of the Church, except where they are made on information and belief, and as to such statements, I verily believe them. 4. The New York Church of Christ was incorporated in 1978 under Article 10 of the Religious Corporations Law as a non-denominational church. It was founded to serve Korean-speaking believers who adhered to the beliefs of the worldwide Church of Christ 2 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 movement. At the time, there was no local congregation of the Church of Christ in the New York City area that served the Korean-speaking population. A true and correct copy of the Church’s membership roster from 1998, which is submitted herewith as Exhibit 4, shows that at that time the members of the Church all had Korean names. 5. Members of the Church of Christ believe and accept the Bible as the inerrant and perfect Word of God. We recognize no authority outside the Bible in matters of faith and subscribe to no creed, catechism, or statement of faith other than the Bible. As provided in the Bible, the Church is completely autonomous, with Jesus Christ as its Lord and Head. 6. The Church is one of many Churches of Christ around the world. Following Biblical standards, in the Churches of Christ we do not believe a preacher to be a leader of the Church but a person who is a messenger of the teachings of Christ. The preacher has no role whatsoever in activities that are not related to the Church’s religious message. 7. The local eldership is the highest authority in each individual Church of Christ congregation, including the Church. When the New Testament uses the terms “bishop” and “overseer,” it is referring to the elders of a congregation, not to the preacher. The Bible teaches that the elders of each congregation are responsible for attending to the spiritual welfare of the congregation, teaching serving, encouraging, exhorting, leading, and directing the financial and other affairs of the congregation. All members of the congregation, including deacons and ministers/preachers, are subject to the oversight of the elders. 8. The Church also has trustees who have responsibilities and powers as assigned to them by the Religious Corporations Law of the State of New York. They exercise these powers 3 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 under the supervision of the Elders. 9. The Church operates based on the teachings of the Bible. The corporate affairs of the Church are governed by the certificate of incorporation and a set of by-laws that was adopted at the time of the Church’s incorporation. True and correct copies of the original certificate of incorporation and the first amendment thereto are submitted herewith as Exhibits 1 and 3, respectively. 10. On December 6, 2015, the Church had an annual meeting wherein it was decided by the board of trustees that Church would: (1) increase the number of trustees from three to six; (2) fix the annual election of trustees to be held on the first Sunday of December of each year; (3) amend the principal place of worship of the Church as 37-06 11th Street, Corona, NY 11368 (hereinafter “the Premises”); (4) list all of the trustees elected at the 2015 annual meeting (Hong Keun Kim, Byung Sea Cho, Byung Soo Park, Yoon Sup Choi, Choong Yong Hwang and Ki Joon Ahn); and (5) list the terms to which each of the trustees was elected. A true and correct copy of the Statement of Removal And Certificate of Amendment of Certificate of Incorporation of The New York Church of Christ, Inc. is submitted herewith as Exhibit 7. 11. A copy of the Church’s true by-laws is submitted herewith as Exhibit 2. 12. After the 2015 annual meeting, no other meeting was held to nominate or elect any trustees of the Church. No successors have been elected for the 2015 trustees. 13. The Church’s Bylaws state that “[e]ach director shall hold office until the expiration of the term for which he was elected and until his successor has been elected and shall have qualified, or until his prior resignation or removal.” 14. Three of the trustees who were elected in 2015 are still in office as trustees of the Church: 4 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 they are Byung Sea Cho, Yoon Sup Choi and me. Former Trustee Hong Keun Kim has stated in writing that he is no longer a trustee. Choong Yong Hwang and Byung Soo Park vacated their office as trustees when they stopped attending the Church and ceased to be members thereof. 15. The Church wishes to conduct its 2023 Annual Meeting to elect successors to the 2015 Trustees. The Respondents have filed a motion to prevent that election, and the Court has issued a temporary restraining order against the holding of any elections or corporate meetings pending the determination of the pending motion. The Court should permit the Church to elect successor trustees. 16. Respondents’ motion is based on their claim to have elected trustees for the Church in December, 2022. The basis for the litigation among the parties is the fraudulent claim by Respondent Chung Eun Han (“Preacher Han”) to be the continuing pastor (and now, the purported Vice President and trustee) of the Church. It is past time for the Court to put an end to the Respondents’ imposture. 17. The 2017 Membership Roster of the Church, submitted herewith as Exhibit 8, shows that the membership of the Church continued to include only persons with Korean names. Our services were conducted in the Korean language, and our written internal Church communications were all in Korean. 18. In 2018, the Church’s Board of Elders consisted of myself and Chin Kon Kim (“Elder Kim”). At the time, Elder Kim was visiting Korea, so I acted as the Board of Elders in hiring Preacher Han. 19. The Church’s Board of Elders hired Preacher Han in June of 2018 after he met with myself, Elder Choi (who was the Church’s preacher, and a trustee, but not yet an elder) and 5 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 Defendant Byung Soo Park. At Byung Soo Park’s insistence, we hired Preacher Han as the Church’s Minister for 5 years, with a reservation of right to review and terminate his employment after one year. A true and correct copy of Preacher Han’s hiring letter is submitted herewith as Exhibit 9. 20. Byung Soo Park was a former preacher who had joined the Church as a member after his own church failed. He was a trustee of the Church in 2018 and had served the Church as an assistant preacher. One of the reasons why we hired Preacher Han was that Byung Soo Park had developed animosity toward Elder Choi that caused him to step down as preacher. 21. Preacher Han was not ordained as a non-denominational Minister. Preacher Han even had to be baptized before he could become a member of the Church. Preacher Han was not educated in the teachings of the Church of Christ. On information and belief, he received all of his training at a Korean Presbyterian seminary. A true and correct copy of the resume Preacher Han provided to us is submitted herewith as Exhibit 10. 22. We normally hire Preachers that are known to the Elders and who are educated in the Church of Christ doctrine, but we hoped that Preacher Han’s youth and ability to speak both Korean and English would help the Church to attract new members and converts. 23. In hiring Preacher Han, the Church provided him with the use of the parsonage, which is part of the Church’s sanctuary and office building located at 37-06 111th Street in Corona, New York, and with keys to the Premises and its parking lot. 24. Preacher Han persuaded the Elders to add Byung Soo Park as an authorized user of the Church's bank accounts with the Bank of Hope in 2018, and to open a new account with the Bank of Hope, with Byung Soo Park as a signatory, in March, 2019. However, the 6 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 Bank of Hope’s documentation, submitted herewith as Exhibit 11, acknowledged that I was the principal representative of the Church in its relationship with the bank. 25. Unfortunately, the sermons that Preacher Han delivered to the Church were not consistent with the teachings of the Church of Christ. The Church of Christ follows the spirit of the Restoration Movement that began in the 19th Century. In the spirit of that movement, the Church governs itself, its life as a community, and its relationship with the world around it, on principles which the Elders and the congregation derive from their reading and understanding of the Bible. To me, and to other members, Preacher Han’s sermons seemed to be more about himself than about the Word of God. 26. In the judgment of the Elders of the Church, Preacher Han also failed to connect with the members of the Church and provide them with spiritual guidance as all of our Preachers have done in the past. Many members of the Church complained that the Church was changing for the worse under Preacher Han. 27. In or about the last week of June of 2019, I headed a meeting with Preacher Han, Byung Soo Park, and Elder Choi. Elder Choi and I informed Preacher Han that there were concerns from the Church’s congregation regarding the way that Preacher Han had performed during his one-year tenure. We informed Preacher Han that we could not consent to extending his tenure for another four years. Instead, we informed Preacher Han that we would continue to review his performance on a month-to-month basis to see whether he could improve. We were very clear that we reserved our right to terminate his employment with the Church at any time. 28. Byung Soo Park demanded we allow Preacher Han to serve for an additional 4 years. Elder Choi and I strongly opposed such an extension for Preacher Han. During the 7 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 ensuing months, we experienced increasing difficulties with Preacher Han and Byung Soo Park. 29. On September 17, 2019, I went to the Republic of Korea until October 10, 2019. When I returned, members of the Church informed me that on September 22, 2019, Byung Soo Park and Preacher Han tried to hold a congregational vote to remove me as an Elder. Fortunately, the members refused to hold such a vote without my presence. 30. On November 17, 2019, Elder Kim texted Preacher Han that Byung Soo Park was to be prohibited from participation in future decision making for the Church. See Exhibit 31. On November 23, 2019, Elder Kim texted Preacher Han again, warning him against his defiance of the Church’s elders, and indicating that we believed that Byung Soo Park was stirring up trouble in the Church. See Exhibit 32. 31. In late 2019, the Church had only two Elders, Elder Kim and myself. In or about November/December 2019, we decided to appoint Yoon Sup Choi as Elder. See Exhibit 33. 32. Preacher Han refused to honor the decision of the Elders and refused to announce to the congregation the appointment of Yoon Sup Choi as an Elder. 33. Late in November 2019, the Elders decided that it would be helpful for the members of the Church if a Sunday sermon was conducted by Elder Ron Butterfield from the Henderson Church of Christ in Tennessee. See Exhibit 34. Preacher Han again refused. 34. During another Elder meeting, it was decided that Elder Choi would take title to one of the Church’s vans. It was decided that transferring title to the van to Elder Choi would be in the best interest of the Church. Preacher Han took issue with this decision and made false claims of theft against Elder Choi. 8 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 35. At some point in December 2019, Preacher Han and/or Byung Soo Park froze the Church’s bank accounts to stop me from accessing them. I was a signatory on the account, as I was the Administrator who was personally responsible for making business decisions for the Church. 36. After these events, the Elders voted to remove Preacher Han from his position. A true and correct copy of the letter we sent to Preacher Han terminating his employment with the Church as of December 23, 2019 is submitted herewith as Exhibit 12. The congregation subsequently approved the dismissal of Preacher Han. Astonishingly, Preacher Han refused to accept his removal as the Church’s preacher. 37. In late December, 2019, Preacher Han called the police on Elders Kim, Choi and me for allegedly breaking into the Church illegally and taking Church property illegally. It was a totally trumped-up false charge against us. Elder Choi was not even there, and we did not take any documents, as Preacher Han alleged. But we would have had a complete right to take any church documentation or property with us if we had chosen to do so, as we were, and still are, the Elders of the Church, and therefore, according to the interpretation of the Bible followed by the Churches of Christ, we are the bishops or overseers of the Church. The police did not arrest or charge any of us. A true and correct copy of the police incident information slip from that date is submitted herewith as Exhibit 18. 38. Afterwards, Preacher Han changed the locks for the Premises without the knowledge or consent of the Church’s Elders or trustees. From that point and for the following year and a half, during the height of the Covid epidemic, the members of the Church were locked out of our own Church sanctuary and unable to conduct worship services or any other activities there. 9 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 39. After Preacher Han froze our access to the Church’s bank accounts, the Elders with my consent as Administrator of Temporal Affairs of the Church, created a new account with Chase Bank so that the Church’s activities and affairs could continue to be funded. 40. Despite knowing this, Preacher Han decided to make a fraudulent police report deeply hurting me and other members of the Church. 41. On January 23, 2020, Preacher Han, Byung Soo Park and In Il Shin filed a lawsuit purportedly on behalf of the Church against myself and the two other Elders, Plaintiffs Yoon Sup Choi (“Elder Choi”) and Chin Kon Kim (“Elder Kim”). The case is captioned The New York Church of Christ Inc. v. Chin Kon Kim a/k/a James C. Kim, Yoon Sub Choi a/k/a James Choi and Kijoon Ahn, bearing the Index Number 701271/20 in this Court (hereinafter the “Imposter Action”). A true and correct copy of the Imposter Action Summons and Complaint is submitted herewith as Exhibit 13. 42. Preacher Han, Byung Soo Park and In Il Shin had no authority to file an action on behalf of the Church. The Imposter Action falsely stated that the then-current trustees of the Church were Preacher Han, Byung Soo Park and In Il Shin, and that they had allegedly been “appointed” by Preacher Han. 43. The Imposter Action also falsely alleged that the Church was governed by a set of by- laws that had been “in effect since January 27, 2019” (the “Sham By-laws”). A copy of the Sham By-laws, as filed in court by Preacher Han, is submitted herewith as Exhibit 14. 44. Reviewing the papers of the Imposter Action was the first time I saw the Sham By-laws as well as other fake documents, such as a fake letter allegedly showing Preacher’s Han’s reconfirmation, submitted herewith as Exhibit 17. I was shocked to see my name and signature as one of the signatories of the Sham By-laws. There was no meeting to adopt 10 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 new by-laws. I had absolutely no prior knowledge or any notice that new by-laws were even being drafted. I was completely in the dark about the most important decision a Church can make. 45. In late 2018/early 2019, Preacher Han and Byung Soo Park passed around a sheet of paper asking us to write our names, addresses and signatures. The list already had the names of some members of the Church typed in Korean. In the Imposter Action Pastor Han claimed that the list was really to adopt by-laws, and it is appended to the Sham By- Laws. This is a lie and a fraud. My signature appears on the second line but I never consented and still do not consent to adopting the by-laws provided in Exhibit 14. 46. In order to adopt by-laws as noted above, our Church would have required a notice to all members of the Church, and a member meeting at which the members would have voted to adopt them by a 2/3 vote. 47. Like most churches, the Church has a weekly-written bulletin. Each week, it is given out to every congregation member and sets out the order of service for the day as well as any announcements. The Church’s practice is to include notice in the bulletin of special meetings or votes regarding the Church. Submitted herewith as Exhibit 15 are true and correct copies of the Church’s bulletins from December 19, 2018 through January 27, 2019. Not one bulletin mentions that the Church was contemplating or setting a date to adopt by-laws or electing a new board of trustees. There were also no verbal notifications during announcements at the Sunday Services before the sham meeting allegedly took place. 48. In support of the Imposter Action, Preacher Han also filed a document, submitted herewith as Exhibit 17, that purported to be a “reconfirmation” of his ministry with the 11 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 Church. That letter is a forgery. As described above, in June 2019 we told Preacher Han that his ministry was not acceptable, that we were not extending his ministry for another four years, and that he would be evaluated on a month to month basis, expecting to see improvement. The termination letter and warning texts that Elder Kim sent him in November and December, 2019 – which Preacher Han filed with the court in the Imposter Action – corroborate the continued weakness of his standing with the Church in late 2019. Those texts are incompatible with the statements made in the supposed reconfirmation letter. 49. Preacher Han also forged a third document and submitted it in court in support of the Imposter Action. Submitted herewith as Exhibit 19 is a fake document, purporting to be a record of the Church, terminating Elder Kim’s eldership standing with the Church in 2016. It purports to be signed by me and others on behalf of all Church members, after a 2016 congregational annual meeting. I never authorized my name to be put on any such communication, and the congregation never removed Elder Kim or even discussed such a thing in any congregational meeting. As an additional evidence of its forged nature, the document purports to have been drafted in the English language, although the internal business of the Church is conducted in Korean. 50. The court should take note that, in initiating his attempt to manipulate the court system into ratifying his attempt to take over control of the Church and its assets, Preacher Han submitted demonstrably false, forged documents to the court. Each subsequent attempt that Preacher Han has made to increase his control over the Church and its assets has used trickery and false representations, including his supposed December 2022 annual meeting. 12 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 51. The Sham By-laws purported to set forth a change in control of the Church from the Council of Elders to Preacher Han. The Sham By-laws also purported to give Preacher Han the ultimate power to pick and choose who the Church’s trustees are. They would have completely stripped me and the other Elders of any say in the running of the Church, and would have stripped the congregation of their power to elect trustees. The Sham By-laws also conveniently purported to give Preacher Han full power and control over every decision for the Church, including its finances. 52. With the filing of the Imposter Lawsuit and the fabrication of fraudulent by-laws and other forged documents, Preacher Han, Byung Soo Park and In Il Shin essentially stole the identity of the Church in an attempt to use the power of the courts to take over the Church and its assets and to oust anyone in their way. 53. The Respondents used the pretext of the Imposter Action to approach the Church’s Bank, the Bank of Hope, and close the Church’s accounts there. As a result, they converted to their own use over three hundred thousand dollars of the Church’s money, which on information and belief they deposited in another account that is still under their control. 54. Respondents also tried to evict and force out our longtime tenant and pillar of the Korean Community, Korean Community Services of Metropolitan New York, Inc. 55. Defendants also tried to threaten our website hosting provider HelloCP Communication from hosting our website located at http://cocny-org.cpcpnet.com/cp/. 56. Chung Eun Han is still residing at the Church Property with his family, which he has been able to do because of the continuing litigation. 57. The Church owns several vans that it uses for Church purposes. Preacher Han is in possession of one of these vans and uses it for his own purposes. 13 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 58. The Respondents’ evil acts toward the Church and its members forced the Petitioners to file a counter-suit to stop them, under the caption The New York Church of Christ Inc., et. al. v. Chung Eun Han, Byung Soo Park, In Il Shin, Hong Keun Kim and John and Jane Does 1-10, bearing the Index Number: 707357/2020 ("the Derivative Action"). NYSCEF Doc. 56. 59. On April 19, 2021, the Court granted our motion for a preliminary injunction in the Derivative Action and ordered that: (1) Chung Eun Han, Byung Soo Park, Il In Shin and Hong Keun Kim were enjoined from holding themselves out as representatives, trustees or officers of the Church; and (2) enjoined Chung Eun Han, Byung Soo Park, Il In Shin and Hong Keun Kim from interfering with, disturbing, obstructing or impeding the plaintiffs from conducting regular Sunday worship service with church school classes, committee meeting and social hour in the Church's Premises between 10:30 a.m. and 9:00 p.m. NYSCEF Doc. 19. 60. Despite the court forcing Chung Eun Han to allow the Church to use the Church's sanctuary for our religious activities on Sundays, we do not have full control of our Premises back even after four years of litigation. 61. Chung Eun Han pretends to be the leader of the Church, but that is a lie. Instead, he wants to use the Courts to steal the Church from its own members and have it for himself. Preacher Han, a vigorous man still in his early middle age, has frequently started confrontations with members of the Church – many of them elderly and frail – spitting at them, blocking them from entering the sanctuary, locking doors, and physically pushing them, and then complained to the police if anyone pushed back. 62. Preacher Han also parks the Church’s van in front of the front entrance to the Church on 14 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 Sundays, making it hard for elderly persons who use walkers to exit vehicles and enter the church. 63. Chung Eun Han attempted to convene a congregational meeting in 2021 to ratify his Sham By-laws. This effort was shot down by the Court in the Derivative Action in a decision that is submitted herewith as Exhibit 27. 64. Chung Eun Han claims to have conducted an annual meeting of the Church in December, 2022 despite the Court barring Chung Eun Han and Byung Soo Park from acting as a trustees, officers or representatives of the Church. 65. Chung Eun Han claims to have given notice of a 2022 annual meeting as the “minister” of the Church, which forms the basis for the instant motion in which he is trying to suppress the Church’s election of successor trustees. Han buttresses his claim with the order of the court in the Derivative Action, on file as NYSCEF Doc. No. 19, which denied our request to have the court enjoin him against holding himself out to be the Church’s pastor. 66. But no court has held on the merits that Chung Eun Han actually is still the Church’s pastor. Rather, in the Derivative Action the Court refused to consider the copy of the dismissal letter that we filed, because the letter was written in Korean and the translator’s certificate was defective. For that reason, the Court held that we had failed to show sufficient evidence to prevail on that claim – but the Court invited us to revisit the issue with better proof. We have re-submitted the dismissal letter herewith as Exhibit 12, along with a proper certificate of translation. Thus, the court now has before it proof that Preacher Han’s services as preacher were terminated by the Church. 67. The purported 2022 annual meeting was not called or convened by the Church’s trustees; 15 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 it was not announced by the Church’s minister; no announcement was made from the pulpit during a meeting of the Church; no notices were posted where members could see them; and no notices were mailed to members of the Church. Preacher Han could not have presented notice at a Church meeting on Sunday without violating the court’s order prohibiting him from entering the sanctuary while the Church’s service was in session. See Exhibit 25. Preacher Han has presented the court with proof that he mailed notice to Church members, in the form of a photograph of those envelopes. NYSCEF Doc. No. 21, at 50. Not one of the envelopes was addressed to a member of the Church, however – providing proof that Preacher Han did not provide notice to the members. 68. Chung Eun Han claims that the following persons are members of our Church: Gustavo Tlelo Toxqui; Jimi Calle; Bertha Pinguil; Song Kyung Ja; Linda Williams; An Seok Han; Juan Roberto Valencia; Cho Sang Nam; Hae Yeong Sheen a/k/a Hae Young Shin; Paul Song; Woon Yoong Song; Hilda Salgado; Jose Quintero; Aida Tenelmo; Ivan Paseweia a/k/a Ivan Leonel Plasencia; David Han; Minhye Jeong; Jorge Pineda; Alma Salgado; Luis Calle; Jacinto Lopez; Omar Alejo; Angelica Salgado; Elvia Salgado; Nelly Salgado; Jaime Medina; Segundo J. Loja; Ofelia Luna; Mitzi Jasmine Osorio Luna; Enrique Vicente; Cheong Dae Han, German Gomez, Angel Tenezaca, Bolivar Zhinin, Eunae Jin, Lesley Pinsil, Manuel Barrera. These persons are not members of the New York Church of Christ. I have never seen them at meetings of the church and they have never attended services of the Church; they were never admitted to membership in the Church; and they have never contributed to the financial support of the Church. 69. The following persons, who are listed as members of Chung Eun Han’s church, used to attend the Church, but they left after Chung Eun Han was terminated as the minister of 16 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 the Church: Chung Eun Han; Byung Soo Park; Gi Eun Lee (who is Preacher Han’s wife); Young Soon Park; and Jonghyun Park. Preacher Han brought Jonghyun Park to the church to be a choral conductor, and on information and belief, assisted him with a green card application. They are no longer members of the Church, and they were not members of the Church in December 2022. 70. After the Respondents filed the instant motion, the Church found out that Chung Eun Han claims that the following persons are trustees and officers of the New York Church of Christ: Byung Soo Park (trustee and president); Chung Eun Han (trustee and vice president); Kyung Ja Song (trustee and treasurer); Linda Williams (trustee and assistant treasurer); Gi Eun Lee (trustee and secretary); and Gustavo Tlelo Toxqui (trustee and assistant secretary). These persons are not trustees or officers of the New York Church of Christ. By holding themselves out to be officers of the Church, Preacher Han and Byung Soo Park are violating the Court’s order, still in effect, prohibiting them from acting as trustees or representatives of the Church. See Exhibit 23. 71. Many of the individuals who are presented as church members in Respondents’ papers own automobiles that use the Church’s parking lot on a permanent basis. When Preacher Han took over control of the Church in 2020, he locked the Church’s members, and the volunteers, staff and patrons of our tenant, the Korean Community Center, out of the parking lot, which we had used on Sundays. Instead, the lot has been filled since then with commercial vehicles and private cars that remain parked there on a day to day basis. Presumably Preacher Han is collecting rent from use of the parking lot, rent that he is not releasing to the Church. Vehicle ownership records provided by the State of New York show that many of the vehicles are owned by persons who have the same name as 17 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 persons whom Preacher Han claims to be members of the Church. See Affirmation of Jonathan Nelson dated January 22, 2024; Exhibits 35 and 36. It is reasonable to speculate that the “membership” of these persons has more to do with their ability to park in the Church’s lot than their interest in Preacher Han’s sermons. Indeed, the Church’s members and security personnel have noted that no one appears to be attending any services run by Preacher Han’s “church.” 72. The documents provided by Chung Eun Han as evidence of a church election refer to "election administration rules" and "election management rules." This is a complete fabrication and fraud upon the Court. The Church never adopted such elaborate rules for elections or any of the election "forms" Chung Eun Han provided. See NYSCEF Doc. 38 and 39. Chung Eun Han also never provided such documents when he filed the fake- bylaws in the Imposter Action. 73. Like the Sham By-laws and the forged documents he filed in court in the Imposter Action, Preacher Han has created an elaborate sham, based on fake paperwork and (we believe) an imaginary church congregation, to allow him to continue to use the Church’s bank funds, live in the Church’s parsonage, harass the Church’s members, and use the Church’s physical assets (e.g., its parking lot) for personal gain. The purported 2022 annual meeting is just another sham. 74. Chung Eun Han pretends to have held an annual meeting of the Church in December, 2022, to elect trustees. His meeting, if it actually occurred, was not an annual meeting of the Church. To the best of my knowledge, no one who was an actual member of the Church attended any such meeting. It did not take place in the sanctuary of the Church on December 4, 2022. The persons who were elected at the meeting are not trustees or 18 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 officers of our Church; they have nothing to do with the Church. 75. Preacher Han has filed, as his Exhibits B, C and D in support of the instant motion, NYSCEF Docs Nos. 34 - 36, affidavits from three purported members of his church, but not of the New York Church of Christ, Inc., in which they testified that they attended meetings of the Church. They may or may not have attended meetings, but they were not meetings of the Church. 76. Preacher Han has also submitted an email to the Church’s attorneys, appended as an exhibit to his affidavit filed as Exhibit E (NYSCEF DOC. No. 37) in support of the instant motion, that confirms that he did not in fact provide notice by email or by any other means to the members of the Church, and that the services in which he purports to take part are “separate” from the ones that the Church conducts. Notice to his own followers, at meetings that he conducts with them separate from the Church’s regular Sunday services, does not qualify as notice to the Church; nor does an email to a law firm in litigation. 77. Preacher Han’s affidavit contains clear perjury in his statement, at paragraph 7, that They kept alleging that they are elders and higher decision-making group. As I am minister at Church of Christ, I never heard of that elders are higher governing body …. 78. Han has always known that the Elders govern the Church: it was a part of his contract, which he signed, submitted herewith as Exhibit 9. The contract contains the following language: [W]e actively participate in the Restoration Movement which argues restoring the early church in the New Testament and returning to the Bible. **** 19 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 Church Governance and Decision on Matters … The Elders consisting of at least two elders make a final decision on the church governance after considering all opinions from church members and the evangelist. 79. Preacher Han also filed in court (as NYSCEF Doc. No. 10 in the Imposter Action) a text message which he received from Elder Kim dated November 23, 2019 (Exhibit 32, submitted herewith), in which he told him, in relevant part, I am very concerned about you, Samuel. Never try to defy the elders. If an evangelist defies the elders in the Church of Christ, he will be removed from office immediately, which makes it almost impossible for him to move to other churches. 80. And in the letter which dismissed Preacher Han from his employment with the Church, submitted herewith as Exhibit 12, Elder Kim wrote the following to him: 1. In the perspective of a dogma: Although a pastor in The New York Church of Christ shall be faithful to his duty of teaching as a preacher, and respect and obey the Elders, who have a authority over the church's governance and administrative matters, you instigated church members to object to the decisions by the Elders and push his own opinion onto the church, which resulted in severe disruptions in order. 81. The reference to the Restoration Movement in Preacher Han’s hiring letter is very significant in this regard. The Church of Christ developed from the Restoration Movement of the 19th Century, also known as the Stone-Campbell Movement. According to an encyclopedia that explains the place of the Church of Christ in the Restoration Movement, elders are considered to be the highest authority in the local church: Elders (presbyteroi), also called bishops or overseers (episkopoi) in the New Testament, were authorized by the congregation to “preside over, to instruct, and to edify the community – to feed the church of the Lord with knowledge and understanding – and to watch for their souls as those that must give account to the Lord at his appearing.” **** 20 of 65 FILED: QUEENS COUNTY CLERK 01/29/2024 06:22 PM INDEX NO. 706483/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 01/29/2024 The Twentieth century saw the Stone-Campbell movement divide into three separate fellowships. The Churches of Christ have primarily followed and developed the position of J.W. McGarvey, whereby the minister is subject to the local elders. Elders, Eldership, in Foster, et al., The Encyclopedia of the