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(영문) 서울동부지방법원 2017.06.15 2015가합5383

불신임안결의무효확인

Text

1. The Defendant dismissed the Plaintiff as the president and elected C as the president at an extraordinary general meeting of October 27, 2015.

Reasons

1. Facts of recognition;

A. The Defendant is a senior citizen center affiliated with the Korean Senior Citizens Association D branch, and the Plaintiff was elected as the Defendant’s president on May 2, 2015.

B. On September 9, 2015, September 14, 2015, and October 12, 2015, the Defendant’s 35 members, including the Defendant’s Vice-Chairperson C, filed a civil petition with the Songpa-gu Seoul District Office E to the effect that “the Plaintiff is dismissed as the president of the Defendant and the Defendant’s new president is changed by performing the procedure to elect the Defendant’s new president.”

C. Accordingly, on October 14, 2015, a notice was posted to the Defendant’s main office located in Songpa-gu Seoul Metropolitan Government F to the effect that “the Defendant’s election for the president shall be held on October 14, 2015” was held on October 27, 2015.

(hereinafter “instant public notice”). However, separate from the instant public notice, the Defendant’s members did not provide individual notice such as the foregoing public notice.

On October 27, 2015, G, the head of the Songpa-gu Seoul Metropolitan Government office E and the head of the team, convened and proceeded with the defendant's extraordinary general meeting (the same as the special general meeting indicated in the order; hereinafter referred to as "instant general meeting"), and 26 of the defendant's members attended the above general meeting and passed a resolution to dismiss the plaintiff as the defendant's chairperson as the defendant's chairperson on a full-time basis, and through a separate vote, passed a resolution to elect C among three candidates as the defendant's chairperson.

(The resolution of this case is the same as the written resolution, hereinafter referred to as the "resolution of this case").

At the time of the general meeting of this case, the defendant's rules concerning the term of office of the chairperson (the term of office of the chairperson may be renewed for a period of four years) shall be stipulated in Article 10 without any separate provision concerning the election or dismissal.

On the other hand, according to the "Local Organization Operation Regulations" of Part VII of the Articles of Incorporation of the Korean Senior Citizens Association, a superior agency of the defendant who was in force at the time, the president of the senior citizen center shall be the relevant senior