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(영문) 서울중앙지방법원 2016.05.24 2015가합550514

총회판결무효확인의 소

Text

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

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

Reasons

1. Basic facts

A. The plaintiffs and the defendant's status plaintiffs are the heads belonging to the CEU under the defendant's jurisdiction.

The defendant is a general meeting of the elderly which has 65 labor meetings under its jurisdiction.

B. On February 27, 2014, the Defendant’s Labor Association held a regular labor union meeting on October 24, 2013 to 121 on October 24 through 25, 2013 and intended to elect a new president of the Labor Union at the time, but did not elect a new president.

F) On February 14, 2014 and February 20, 2014, the F Council announced the convocation that “The 121th Provisional Labor Association, February 27, 2014, held” in the name of the president of the Union of Labor Council.

Accordingly, on February 27, 2014, the Labor Association made a resolution to select E pastors as the president of the Labor Union, G pastors as the vice president of the Labor Union, H as the president of the Labor Union, I pastors as the clerk of the Labor Union, J pastors as the secretary of the Labor Union, K pastors as the secretary of the Labor Union, and K pastors as the secretary of the Labor Union, L pastors as the vice president, M as the director of the Labor Union, M as the account, and N as the vice president of the Labor Union (hereinafter “the resolution of the Labor Union”).

C. On April 10, 2014, the Plaintiffs, et al., and the heads of 12 persons, against the instant resolution of the Trade Association, filed a lawsuit seeking confirmation of invalidity of the said resolution, asserting that the resolution of the Trade Association was in violation of the Defendant’s Constitution, the Defendant’s Constitution, the implementation rules, and the rules of the Trade Association against the said E company under the Defendant’s Constitution (the same is most identical to the gists of the Plaintiffs’ assertion in paragraph (2) below).

On May 26, 2014, the trial court under the Defendant rendered a ruling dismissing the claims of the Plaintiffs, etc. (hereinafter referred to as “instant general assembly ruling”) under Article 98-33 of the tugboating Court case No. 98-33.

The reasons for dismissing a claim are as follows:

① Since the Trade Association is a member of the 121-time Trade Association, the right to convene the instant Trade Association, which is the head of the immediately preceding Trade Association, whose term of office has been extended pursuant to Article 33(5) of the Enforcement Rule of the Defendant Constitution.

In addition, F pastors are in accordance with the convening procedure of the Council.

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