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(영문) 대구고등법원 2016.06.16 2015나2844

당선무효확인의소

Text

1. Revocation of a judgment of the first instance;

2. D in the 12th executive election held by the Defendant on November 7, 2014, the head of the branch office.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 and 5, and the purport of Gap witness E's testimony and the whole arguments.

The defendant is an organization with a license for private taxi transport business consisting of persons who are members of the defendant and B, and is not capable of having the right to promote mutual welfare and friendship among its members, to foster and develop the defendant's sound business, to establish a mutual cooperation system between the defendant and the above union, and to maintain and develop a smooth consultative body. The plaintiff is the defendant's member.

B. The main contents of the Defendant’s articles of incorporation and election management regulations regarding the Defendant’s election of executives are as follows.

Chapter III of the Articles of Incorporation, the head of the chapter and the executive (representatives, operating members, and auditors) of Article 13 (Election of Officers) (1) of the Articles of Incorporation shall be elected directly by members in accordance with election regulations, and the head of the chapter shall obtain the approval of the chairperson of the association

The candidate of the branch office in paragraph (7) shall meet the requirements under Article 6 (1) of the Election Regulations.

The meetings of the branch office of Article 17 (Types and Convocation of Meetings) (1) of the Chapter IV Meeting shall be classified into an ordinary general meeting, an extraordinary general meeting, and an operating committee.

Paragraph 4 (Extraordinary) shall be held four times a year in the first and second half of the year.

(Provided, That if there is a request for a meeting of at least 2/3 of the operating committee members or the head of a branch office requires consultation on duties, an extraordinary steering committee may be convened). In consideration of the special characteristics of occupation under Article 18 (Establishment and Determination of Meetings) (1), the meeting members shall be the number of present persons.

The resolution under paragraph (2) shall be decided by a majority or majority of the number of present persons.

Article 20 (Matters to be Resolved by the Steering Committee) (4) Matters to be amended by the articles of association of the branch office under paragraph (5) of the Article 20 (Matters to be Amended by the Election Management Committee), paragraph (9) of the Article 9, and other matters concerning the overall affairs of the branch office, the duties of the election management committee under Article 4 shall be

Paragraph 1..