명칭 및 표장 등 사용금지 청구의 소
1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim shall be dismissed at the trial.
3...
1. Basic facts
A. The Plaintiff is a non-profit non-profit private organization registered with the Ministry of Health and Welfare pursuant to Article 4(1) of the Support for Non-Profit Non-Governmental Organizations Act, and was established to provide various welfare and medical care services to the elderly and to improve their expertise.
Defendant B Association (hereinafter referred to as the “Defendant Association”) is a non-profit, non-profit, non-governmental organization established to develop the long-term care insurance system for the elderly and improve the expertise of caregivers. Defendant C is the chairperson of the Defendant Association.
B. The Plaintiff and the Defendant Association constituted an integrated organization representing caregivers, and obtained the establishment permission of an incorporated association from the Ministry of Health and Welfare from September 2016, and opened the first integrated assembly on December 27, 2016 (hereinafter “instant integrated assembly”) on the seven occasions following the meeting to promote integration on the name of the integrated organization, the composition of executives, and the succession to rights and obligations.
C. The aforementioned integrated assembly set the name of the integrated organization as “ Incorporated Association A” and set the purpose of the integrated organization to contribute to promoting the health and welfare of the elderly and improving the quality of life of the people by promoting the expertise and rights and interests of caregivers, and prepared and approved the integrated articles of association, which are internal bylaws of the integrated organization.
In addition, the first president (three years of office), the president of the Plaintiff, the first vice president, and the second presidents, the president of the Defendant Association, the president of the Defendant Association, and other executive officers, such as directors and auditors, have been elected. Since then, the said D was the representative of the said integrated organization, performing duties such as holding a meeting.
On the other hand, the above integrated organization held an extraordinary general meeting on August 25, 2017 to dismiss D from the Chairperson, and passed a resolution to newly appoint C as the Chairperson of the above integrated organization.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 (including more than one number), Eul evidence Nos. 1, 4, 5, 7, 19, 20, 23, and the purport of the whole pleadings
2. The plaintiff's assertion.