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(영문) 서울고등법원 2015.01.30 2014나2018092

회장당선무효확인

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a corporation established pursuant to Article 50 of the Framework Act on the Construction Industry with its members as a constructor conducting specialized construction works as stipulated in the same Act.

B. On August 8, 2013, the Defendant publicly announced that the election of the Chairperson of the 10th National Federation (hereinafter “instant election”) was held as of September 3, 2013, and C, F, and G were run for the president’s election.

C. C was elected as the Chairperson of the 10th National Federation in the election of the Chairperson of the instant case implemented on September 3, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, 8, Eul evidence 7 and 8, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff filed the instant lawsuit by asserting that C’s election is null and void, since C was sentenced to a fine related to his duties in the relevant criminal case and submitted false records of construction work.

As to this, the defendant has lost the qualification of D Co., Ltd. (hereinafter referred to as "D") whose representative is the plaintiff as the defendant's member, the lawsuit of this case is filed by a person who has no standing to sue, or is unlawful as there is no benefit of confirmation.

B. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statements No. 3 and No. 11-1 and No. 11-2.

Article 7 (Members) The members of the Association shall consist of regular members, associate members and special members.

1. A regular member shall be a construction enterprise;

2. A quasi-member shall be an individual, enterprise or legal entity that does not want to join a regular member under subparagraph 1 and has completed the membership procedure;

3. Special members shall apply for joining construction-related organizations, construction materials production and sales enterprises, or foreign corporations engaged in the construction business, and shall be the corporations or organizations that have paid admission fees after obtaining approval from the board of directors.

Article 8 (Admission and Withdrawal of Members) (1)