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(영문) 서울중앙지방법원 2015.07.10 2015가합530831

임원지위부존재확인 청구의 소

Text

1. All parts of the instant lawsuit against Defendant C, D, and E shall be dismissed.

2. The plaintiffs' incorporated association.

Reasons

1. Basic facts

A. The status of the parties is an incorporated association established to promote the welfare and rights and interests among the members engaged in food service, and the plaintiff A is in charge of the head of the G branch site of the F branch of the above central association, the plaintiff B is a member of the above central association, the defendant C is the head of the H branch of the above central association, the head of the F branch of the above central association, the head of the F branch of the F branch of the F branch of the above central association, and the head of the J branch of the above central association.

(A) Evidence No. 1). (b)

1) Defendant Food Service Federation F Branch of Korea (hereinafter “instant branch”)

On April 22, 2013, the 48th regular meeting is held to hold a branch president’s election (hereinafter referred to as “instant election”).

The above general meeting held that 245 of the registered 250 representatives present at the meeting, and as a result of voting, K obtained 123 votes, L 107 votes, and 16 marks respectively (in principle, the election commission of this case (hereinafter “the election commission of this case”) with respect to the candidate for the tax without a representative, on April 13, 2013, on the condition that the election commission of this case (hereinafter “the election commission of this case”) holds a joint meeting with the above candidates and holds a voting right under the condition that he does not retire from the tax, the total number of votes obtained by the candidates (246 marks) exceeds the number of representatives present at the meeting (245 marks).

[2] On April 23, 2013, the instant election commission declared that K was elected as the president of the branch (Evidence 1.2 of this case) and L filed a petition on April 23, 2013 disputing the validity of the instant election, and on April 25, 2013, K did not obtain a majority of the voters present at the instant election, and thus, the election of the president of the branch was invalidated.

(hereinafter “instant decision on the invalidation of election”). Accordingly, the Defendant Food Service Federation re-electioned the instant sub-council on April 26, 2013, and existing until the elected is determined.