부당이득금반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Status 1) The Plaintiff, a industrial trade union, is a trade union (hereinafter “ACo-operation union”).
(2) The Defendant is a unit company trade union that was reported on August 23, 201 through a resolution of a general assembly of the members of the B Cooperatives, consisting of workers of the B Cooperatives.
B. On July 10, 201, the Defendant’s establishment and the Plaintiff’s general assembly resolution 1) held the Plaintiff’s general assembly due to the embezzlement of union funds, etc. of E, which was the head of the Plaintiff’s branch, held the Plaintiff’s general assembly. At the above general assembly, 97 members were present at the Plaintiff’s 130 members, and the impeachment proposal against the Plaintiff’s president E was rejected in 46 and 51 votes among the total voting number 97 votes. After that, 56 of the Plaintiff’s 130 members were withdrawn from the Plaintiff’s 130 members until July 15, 2011.
3) On August 18, 2011, the Trade Union and Labor Relations Adjustment sent a public notice demanding the suspension of a general assembly’s implementation on the grounds that “the Plaintiff cannot be deemed an independent branch with the right to make a decision on a labor condition, and there is no authority to make a decision on a structural change. 4)” E on August 19, 201, under the name of “A Cooperatives Trade Union Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division”, and negotiations and negotiations in the year 2011.
In light of the above legal principles, the lower court’s determination of the Plaintiff’s ground of appeal is justifiable. In so doing, the lower court did not err by misapprehending the legal principles as to the Plaintiff’s ground of appeal, thereby adversely affecting the conclusion of the judgment, contrary to what is alleged in the ground of appeal.