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(영문) 서울고등법원 2014.11.27 2014나3568

경로당회장지위확인 및 등록증발급 청구

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. On June 29, 2012, the Plaintiff asserted that the Plaintiff was legally elected as the president of the center for senior citizens with the consent of 42 persons among 73 general members present at the election of the president of the center for senior citizens held at the extraordinary general meeting of Gangnam-gu Seoul Metropolitan Government apartment center (hereinafter “instant center”) (hereinafter “instant general meeting”).

Nevertheless, the defendant refused to issue a certificate of registration on October 23, 2012 on the ground that the chairperson of the Korean Senior Citizens Association violated the provisions of Part VI (Election of Heads of levels and Election Management Regulations) and Part VII (Local Organization Operation Rules) of the Operational Rules of the Korean Senior Citizens Association. The defendant is obligated to confirm that the plaintiff elected as the chairperson according to lawful procedures is the chairperson of the Korean Senior Citizens Association and issue the certificate of registration to the plaintiff.

B. The resolution of the special meeting of this case by which the Plaintiff alleged by the Defendant was elected as the president of the center for senior citizens did not meet the quorum and the quorum, and the election management committee was not organized, and the Speaker pro tempore was carried out without being elected, and thus invalid.

Therefore, the plaintiff cannot be deemed the chairperson of the above senior citizen center, and the defendant does not have a duty to issue the chairperson registration certificate to the plaintiff.

2. Relevant articles of association and operating rules [the articles of association of the Korea Senior Citizens Association (amended by March 20, 2008)] Article 5 (Classification, Qualification, etc. of Members) (1) Members of this meeting shall be classified into regular members and special members.

(2) Regular members shall be nationals of the Republic of Korea aged 65 years or older who join the main association and pay membership fees.

Article 6 (Disqualification of Members) A member of the plenary session shall lose his/her qualification in any of the following cases:

1. When the principal meeting is withdrawn, the principal meeting shall be established in the Seoul Special Metropolitan City and the Metropolitan City/Do, and the Si/Gun/Gu shall have a branch meeting, and the first group shall be the senior citizen center;

Provided, That in cases of Eup/Myeon/Dong in a rural community according to the local circumstances, it shall be conducted.