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(영문) 서울고등법원 2018.05.18 2017나2062649

회장지위확인 등

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

With respect to the instant case cited by the judgment of the court of first instance, the reasons for this court are the same as the entry of the reasoning of the judgment of the court of first instance, in addition to adding the entry or judgment as follows, and thus, they are cited by the main sentence of Article 420 of the

The second paragraph "1-A." of the judgment of the court of first instance shall be written in the following manner:

(a) The Korean Olympic Committee is the Korean Olympic Committee established with the authorization of the Minister of Culture, Sports and Tourism pursuant to Article 33 of the National Sports Promotion Act.

The Korea Sports Council of Korea (hereinafter referred to as the “Defendant Korea Sports Council”) is a non-profit incorporated association that is a member-type organization of the Korea Sports Council under the articles of incorporation.

Defendant B’s sports association (hereinafter “Defendant B Sports Association”) is a subdivision of the Korea Sports Council established in accordance with Article 33(4) of the National Sports Promotion Act and the Articles of the Korea Sports Council’s articles of association. The regulations on the organization and operation are separately prescribed. A resolution authority has a board of directors, various committees, etc., which are composed of officers, directors, auditors, etc., including the president, and a secretariat, and is independent of the Korea Sports Council.

Therefore, Defendant B Sports Association is a non-corporate body independent from the Korea Sports Council.

C Association (hereinafter referred to as the “C Association”) is a regular member organization of the Defendant Korea Sports Association and a regular member organization of the Defendant B Amateur Association.

The third paragraph of the judgment of the court of first instance shall include "D." as follows:

Around October 5, 2016, the C Association requested the Korea Amateur Association to review the contents of "request for review on non-permission to grant authorization that it falls under Article 26 (1) 8 and 10 of the Regulations of the Korea Amateur Association." On October 21, 2016, the Korea Amateur Association requested the Korea Amateur Association to hold consultations, and on October 27, 2016, the Korea Amateur Association was on the same ground as prior to the Korea Amateur Association.