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(영문) 울산지방법원 2017.05.10 2016가합864

선거 및 당선 무효확인

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1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is the F branch under the control of the Korean Federation of Private Teaching Institutes, which is an incorporated association, and the plaintiff A is a person acting for the president of the D Council under the jurisdiction of the defendant, and the plaintiff B was newly elected as the president of the D Council due to resignation of Gu Council Chairperson.

On March 2, 2014, G, which was approved as the president of the D Council, resigned on April 12, 2015. On June 12, 2015, Plaintiff A, as the acting president of the D Council, performed a presidential election of the president of the D Council on June 12, 2015. On June 12, 2014, Plaintiff B was elected as the president of the D Council on June 12, 2014 by an affirmative vote 12 and opposing vote.

Accordingly, the plaintiffs requested the defendant to accept the plaintiff B as the president of the D Council.

On October 15, 2015, the defendant refused to accept the plaintiff B as the chairperson of the D Council, and held a temporary board of directors on October 15, 2015 and designated the D Council as an accident department, and prepared an emergency countermeasure committee and announced the election of the chairperson of the Emergency Assembly and D Council as follows.

1. Public announcement of application for candidacy: The period of registration of candidacy on October 27, 2015: From November 5, 2015 to November 17, 2010;

3. Authority to issue and receive registration certificates: Offices of the H Federation (the Committee on Countermeasures against D Normalization).

4. Registration of not more than ten candidates for each election campaign worker: From November 7, 2015 to November 15 (8 days);

5. Registration of one witness for each election and ballot counting: From November 5, 2015 to June 17, 201.

6. General meeting and date and time of voting: November 16, 2015 (11:00 to 17:00);

7. General meeting and voting place: Offices of the H Federation;

8. Procedures for confirming the electoral register: Verification by the federation of candidates or agents who participated in the identification card after candidate registration.

9. Required documents for registration: E, one copy of a registration certificate of a driving school, an application for registration of candidate, a recommendation letter of candidate (at least 20 members), an ordinary general meeting held on November 16, 2015, and an election of the president of the D Council (hereinafter “instant election”), who registered as a candidate solely, was elected to the president of the D Council.

On the other hand, the rules of the Defendant Association and the D Council related to the instant case are important.