지부장당선무효확인의 소
1. Ascertainment that the election of the head of C in an election of the head of the defendant branch office held on June 10, 2018 is invalid.
2...
Facts of recognition
The status B, an incorporated association of the parties (hereinafter referred to as "B") has its headquarters in Seoul Special Metropolitan City, its branch offices in metropolitan local governments, its basic local governments, and its overseas branch offices, respectively, as an incorporated association established for the purpose of promoting the development of national arts, protecting the rights and interests of artists, and international exchange of arts and mutual cooperation between artists.
The defendant is an organization consisting of members belonging to the Cheongju-si in accordance with the regulations on the establishment and management of branches of the Association, and the plaintiff and C are members of the defendant.
On June 10, 2018, the Defendant held the instant election for the head of the branch office (hereinafter “instant election”), and run for the said election with C and D. Of 168 election participants (179 participants), C who obtained 87 votes from 168 participants, obtained 81 votes and elected as the head of the Defendant’s branch office.
The plaintiff participated in the election of this case as a ballot-counting member.
The main contents of the Management Regulations for the Election of the Head of the Defendant Branch (established on February 25, 2017; hereinafter referred to as the “Management Regulations for the Election of 2017”) related to the instant election are as follows:
Article 5 (Voting Right and Election Right) (1) of the Election Management Regulations (Election Right and Election Right) of the 2017 Election Management Regulations (Election Right and Election Right) is a member B as of the election day, and the annual fee and exhibition fee shall be paid in full, and at least twice within the last four years
(2) The eligibility for election shall be B regular members as of the election day, and members who are registered in duplicate with other branches pursuant to Article 6 (1) of the Regulations shall not be eligible for election.
This supplementary provision shall enter into force on the date ( February 25, 2017) after the date passed at the E-General Meeting.
[Reasons for Recognition] A’s failure to dispute, Gap’s evidence Nos. 5, Eul’s evidence Nos. 3, 4, 6, and 7, and the gist of the Plaintiff’s assertion as to the purport of the entire pleadings, the right to vote in the instant election is paid as of the election day according to Article 5(1) of the Election Management Regulations in 2017.