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(영문) 수원지방법원 2018.08.22 2018가합10916

제명결의무효확인 등

Text

1. The defendant Gyeonggi-do Specialized Maintenance and Improvement Project Association B branch office shall be C at the steering committee on November 8, 2017 as the branch office president.

Reasons

1. Basic facts

A. The parties concerned, the Gyeonggi-do Specialized Automobile Maintenance Project Association (hereinafter “Defendant Association”) is a corporation established under the Automobile Management Act for the purpose of improving facilities and improving technology for the maintenance of automobiles, and the Defendant Gyeonggi-do Specialized Automobile Maintenance Project Association B branch association (hereinafter “Defendant Branch”) is an association affiliated with the Defendant Association, consisting of members belonging to D and E district. The Plaintiff is a member of the Defendant Association and the Defendant Branch Association. The Plaintiff is a member of the Defendant Association and the Defendant Branch Association on December 6, 2017, and was expelled from the Defendant Association on January 10, 2018.

나. 피고 지회의 지회장 선출결의 1) 피고 지회는 자체적으로 정한 임원선거규정을 가지고 있는데, 그 중 이 사건과 관련된 부분은 다음과 같다. ▣ 피고 지회 임원선거규정(2017. 1. 17. 개정된 것) 제3조(선거공고

1. Where the president of a branch is to be elected, he/she shall notify all members of the branch not later than three months prior to the expiration of the term of office of the branch president and shall make a public announcement on the reply, website, etc.

2. An election day of the president of a branch shall be held two months before the expiration of the term of office of the current president;

Article 7 (Election Management Committee)

1. An election commission shall be established in order to ensure the fair management of executive elections;

Provided, That the election commission shall be organized at least 15 days prior to the public announcement of election.

2. Five members of the election commission shall be appointed at the steering committee of the sub-committee, but they shall not be present to the candidates for executives;

3. The chairperson of the election management commission (hereinafter referred to as the "chairperson") shall be elected from among the election management members, and the Speaker pro tempore of the general meeting shall be the chairperson when elected;

Article 8 (Method of Election of Officers)

1. The election of the chief of a sub-chapter shall, in principle, be made in secret voting, and if there is only one candidate who participates in the sub-chapter, he/she may be elected by all agreements at the operating committee when a resolution of 2/3 is adopted;

Article 13 (Quorum for Resolution)

1. The president shall make a majority of voters; and

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