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(영문) 부산지방법원 2015.02.04 2014가합42267

지회장당선무효확인의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2014, the Defendant held an election for the head of the branch (hereinafter “instant election”) at the third floor of the meeting room of the Korea Senior Citizens Association, which is an incorporated association located in Busan D, in Busan, and there was a candidate for the head of the branch (hereinafter “instant election”). The Plaintiff and C, the chairperson of the E Senior Citizens Association, the chairperson of the E Senior Citizens Association, and the F Senior Citizens Association,

B. In the instant election, 141 voters participated in the voting, as a result of the ballot counting, the Plaintiff and C respectively obtained 68 votes, and the invalidation vote was 5 votes.

(c) Where the number of votes obtained in an election of the chief of a branch is the same, C was elected as the chief of the defendant branch in accordance with the regulations to be elected by the senior.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. At the time of the Plaintiff’s assertion, G was the head of the Defendant’s branch, and H was the head of the Defendant’s secretariat, and H was unable to exercise the right to vote in the instant election.

In addition, since the secretary general shall not concurrently hold the office of vice-chairperson, H, the secretary general, cannot exercise his/her right to vote as vice-chairperson, and the vice-chairperson of the sub-chairperson of the sub-council shall be elected from among resident members living in the relevant area. He/she is not a member of the I apartment-family center having jurisdiction over the place of resident registration, and therefore, he/she is not eligible

Therefore, G and H, who have no right to vote, cast a vote to C and is elected as a branch of C, there is a serious defect in the voting process and it is invalid that C is elected as the branch of the defendant branch of C.

3. First of all, G shall take into account the following facts: (a) whether there is no right to vote in the election of this case; (b) evidence Nos. 5 and evidence Nos. 3; and (c) the purport of the entire pleadings, the Korean Senior Citizens Association of Korea is composed of a federation, a branch of the National Federation, a branch of the local association, a branch of the local association, and various meetings of senior citizens center; (c) one executive officer; (d) two to four vice-chairpersons; (d) not more than 32 directors; and (e) the president of each class of association shall be elected at the relevant general meeting.