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(영문) 서울남부지방법원 2020.10.22 2019가합104007

회장지위 및 업무수행권부존재 확인의 소

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Of the instant lawsuit, the part of the claim against Defendant D is dismissed.

The plaintiffs' claim against the defendant C federation.

Reasons

1. Basic facts

A. 1) The Defendant Federation’s position, etc. is the Passenger Transport Service Act (hereinafter “passenger Act”).

(2) Based on Article 59, the president of each City/Do cooperative is a juristic person established with 16 City/Do E cooperatives as members nationwide. The president of each City/Do cooperative concurrently holds office as the director of each Defendant Federation. (2) The president of each Defendant DH cooperative (hereinafter referred to as “Gyeongbuk Cooperative”) was elected as the 10th president of each Defendant Federation, and was appointed on January 22, 2013, and the term of office of each Defendant Federation expired on January 21, 2016.

Since then, the Chairperson was not appointed, and he continued to perform the duties of the Chairperson on December 19, 2018 and was elected as the 11st Chairperson of the Defendant Federation.

Plaintiffs A: The president of the sports cooperative and the president of the Chungcheongbuk Association are directors of the Defendant Federation.

B. The 11th president election of the Defendant Federation is held by the election commission affiliated with the Defendant Federation (hereinafter “election commission”).

(2) The election commission consists of the 11st president of the Defendant Federation on December 3, 2018 (hereinafter “instant election”). The election commission consists of the 11st president of the Defendant Federation on December 3, 2018 (hereinafter “instant election”).

2) In the instant election implemented on December 19, 2018, the Defendant D was elected as the president of the Defendant Federation, following the vote of the president of each City/Do Association.

Election Commission declared Defendant D as the elected person and notified each City/Do partnership.

(hereinafter “Decision on the elected person of this case”)

On December 21, 2018, Plaintiff A and I filed an objection in writing against the decision on the invalidation of election.

After December 27, 2018, K raises an objection in writing against the decision on elected persons, respectively, on December 28, 2018.