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(영문) 수원지방법원 2013.10.25 2013가합945

총회결의무효확인

Text

1. The Defendant’s resolution that elected H as president at the ordinary meeting of the delegates of December 28, 2012 and the Defendant’s resolution to H.

Reasons

1. Facts of recognition;

A. The status of the parties is established for the purpose of improving the physical strength of Do residents, training excellent mountain workers and leaders, etc., and the defendant is the only corporation of mountain items that have exclusive bargaining rights for sports organizations, such as the Federation of Mountain Cooperatives to incorporated associations, J groups, etc. The plaintiffs are the representatives of the unit mountain conference to which the defendant belongs or the representatives of the defendant.

B. Establishment of the Defendant’s president’s regulations on the election management; 1) The Mountain Federation of Korea, an incorporated association of the Defendant’s superior organizations, (hereinafter “Korea Mountain Federation”).

On August 10, 2012, referring to the regulations on the election of the president established by the Korea Sports Council to the Defendant on the recommendation of the Korea Sports Council, the Defendant enacted the regulations on the election of the president by November 30, 2012, and requested the Defendant to apply the regulations on the election of the president to the general meeting of the representatives in 2013. 2) Accordingly, the Defendant’s board of directors, on October 24, 2012, deliberated on and approved the regulations on the election of the president (the regulations on the election of the president) proposed by the Korea Mountain Federation in order to ensure the fairness, etc. of the president in the fourth provisional society,

Article 1 (Purpose) The purpose of this Regulation is to prescribe matters necessary for the election of the president of (g)G (hereinafter referred to as the "President") pursuant to Article 15 (Election of the President) of the Articles of Incorporation.

Article 2 (Application) Other matters necessary for the election of the Chairperson shall be governed by this provision, except as otherwise provided for in Acts and subordinate statutes or the articles of incorporation, and may be prescribed and operated by separate regulations as necessary.

Article 4 (Voting Right) A representative or his/her agent shall have the right to vote for the chairperson pursuant to Article 22 of the Articles of Incorporation.

Article 10 (Public Notice on Election Day) The Secretariat shall publicly announce the election day 20 days before the election day of the chairperson on the bulletin board of the franchise.

Article 11 (Preparation and Inspection of List of Representatives) (1) The Secretariat shall prepare and keep a list of representatives (attached Form 8) and the electoral register (attached Form 9) including representatives to attend the general meeting by not later than five days before the election day.

(2)