제명처분무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The parties’ status C (hereinafter “C”) is an incorporated association established with persons conducting the nationwide D business as its members. The Defendant is a district association under the jurisdiction of Gwangju Metropolitan City, which has jurisdiction over the area of Gwangju Metropolitan City, and the Plaintiff is a defendant’s affiliated branch, and is a member of the Seo-gu Branch (hereinafter “Seo-gu Branch”) having jurisdiction over the Seo-gu Seoul Metropolitan City area.
B. On March 15, 2017, Seo-gu branch office held on March 15, 2017 (hereinafter “sub-branch office election”) shall be held to hold a branch office election at an ordinary general meeting held on March 15, 2017.
(2) On March 20, 2017, the Plaintiff filed a petition with the Seo-gu Election Commission for the election of the head of the branch office (hereinafter referred to as the “election commission”) on the grounds that “the election tax, etc. during the election period was not implemented once,” and the election of the head of the branch office was invalid on March 28, 2017 according to C’s reply that the election of the head of the branch office is invalid.”
3) The Plaintiff asserted that the election of the head of the branch office is valid, and that the Plaintiff was legally elected as the head of the Defendant’s branch office, and that on April 7, 2017, he/she applied for the provisional disposition against Gwangju District Court Decision 2017Kahap50152 (hereinafter “instant provisional disposition”).
In addition, on May 17, 2017, the Plaintiff filed a lawsuit against the Seo-gu District Court 2017Gahap54093 against the Seo-gu Branch, which dismissed the Plaintiff’s claim on the grounds that the election of the head of the branch office is invalid on February 22, 2018.
Accordingly, the Plaintiff appealed from Gwangju High Court Decision 2018Na21639, and the appellate court revoked the judgment of the first instance on August 29, 2018 on the ground that “The grounds for invalidation of the election of the head of a branch cannot be deemed to exist, and the Plaintiff was legally elected as the head of the Defendant’s branch.”