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(영문) 창원지방법원 2015.07.30 2015가합30886

총무원장권한대행자임명무효확인

Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. The plaintiff's conjunctive defendant shall be dismissed.

Reasons

1. Basic facts

A. C enacted the Constitutional Court Order of February 8, 199 after the 1987 was established, and on December 20, 200, the organization was an incorporated association and completed the registration of incorporation on January 12, 2001 by obtaining permission for establishment from the Gyeongnam-do governor. < Amended by Act No. 6387, Jan. 12, 2001>

B. Article 10 subparag. 3 of the articles of incorporation of the primary defendant provides that the organization of an incorporated association shall be the organization specified in the Religious Order Act, and the General Secretary is the organization specified in Chapter X of the Religious Order.

C. On November 27, 2014, the chief executive officer of the main defendant’s general secretary-general expressed his/her will. On December 8, 2014, the issue of appointment of the chief executive officer at the extended meeting of the executive director, including the Plaintiff, was to discuss the opening of the board of directors of the corporation.

On December 15, 2014, the primary defendant's corporation passed a resolution to select D (Legal Name E) as acting for the President of the General Affairs Office for one year, the remaining term of office of the President of the General Affairs Office.

E. On December 22, 2014, the president of the primary defendant accepted the death of the president of the former president and appointed D as the acting president of the president.

(f) Details of the constitution related to appointment and dismissal of the president of the General Affairs Office and vicarious execution of such duties shall be as follows:

Chapter X General Secretary Article 44 (Appointment, Dismissal, and Dismissal) (1) The president of the General Affairs Institute shall be elected and appointed by a corporation in a society, and shall be appointed and dismissed by the vote of the board of directors of the corporation through

Article 45 (Term of Office) (2) Where a substitute is appointed for his predecessor, the remaining period shall be the remainder.

§ 46 (Authority) 2) The authority of the chief of the General Affairs. ① The chief of the General Affairs shall assist the chief of the General Affairs and act on behalf of the chief of the General Affairs, on behalf of the chief of the General Affairs. [Grounds for Recognition] The facts of no dispute, Gap's entry, Gap's 1 through 5, 14, 15, 20, 21, 22, 24, Eul's evidence Nos. 1 and 9 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's argument that the chief secretary general, who is the primary defendant's organization, shall act on behalf of the chief secretary general. Thus, the chief secretary general, who is the chief secretary general, has the authority to act on behalf of the chief secretary general.

However, the decision of the primary defendant is D, the President of the Office of General Affairs.