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(영문) 수원지방법원성남지원 2019.07.11 2019가합401543

회장 지위 확인 등 청구의 소

Text

1. Ascertainment that the Plaintiff is the president of the defendant BY Association.

2. Defendant C Amateur is Defendant D.

Reasons

1. Basic facts

A. The parties 1) Defendant C Amateur (hereinafter “Defendant Amateur”)

The purpose is to guide, support, etc. the activities of each of the individual item organizations belonging to E-si, in which he/she is affiliated. 2) Defendant B-Gu Association (hereinafter “Defendant B-Gu Association”) is an organization that is mainly incorporated on October 17, 2017 by the “F-gu Federation,” which mainly engaged in activities related to sports for all, and the “G-gu Association,” which was incorporated on October 17, 2017 (hereinafter the “G-gu Association before integration”), and an organization that is affiliated with Defendant B-Gu Association as a member.

3) The Plaintiff is a person who was the president of the former Association. B. On October 17, 2017, the Plaintiff was elected as the president of the former Association at full time when the establishment of the latter Association and the consolidation of the former Association on the part of the president of the latter Association on the part of October 17, 2017. On November 8, 2017, the Plaintiff was selected as the president of the former Association on the part of the Plaintiff. The Plaintiff was authorized by the sports association on the part of November 8, 2017, and was working as the president of the Defendant Association on the part of that time.

2) Meanwhile, Article 25(1) of the Articles of Incorporation (No. 4) of the Korea Sports Association (Evidence No. 4) provides that the term of office of the president shall be four years. When the defendant Sports Association approves the Plaintiff as the president, it set the term of office up until the ordinary general meeting on January 2021. (c) Defendant Sports Association: (a) Defendant Sports Association prepared on January 3, 2019 that “the Plaintiff shall resign from the office of the president of the Korea Sports Association on September 28, 2017 (Evidence No. 1-2; hereinafter “instant resignation”). However, in formality, the date of preparation was written on December 20, 2018; (b) Defendant Sports Association sent a public notice to the Korea Sports Association; and (c) Defendant Sports Association’s appointment of the president of the Korea Sports Association and approval of Defendant Sports Association’s appointment of the president of the Korea Sports Association; and (c) Defendant Sports Association’s resignation on January 10, 2019 (hereinafter “instant provision”).