선거무효 등 확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant, as a subordinate organization of the Saemaul Movement Organization D established under the Support of the Saemaul Movement Organization Act (hereinafter “D”), is an incorporated association with the purpose of establishing and implementing a plan for the Saemaul Movement in the E area. The Plaintiff is the Defendant’s member.
B. On February 23, 2018, the Defendant held a general meeting of shareholders on February 23, 2018 and held an election of the 16th president (hereinafter “instant election”) with the Plaintiff and C as candidate at the said general meeting of shareholders.
In the election of this case, 32 of registered representatives 38 and 32 of the 38 voters attended and cast their votes, and the Plaintiff acquired 15 votes and 17 votes, and C was elected as the 16th Chairperson.
[Defendant’s Articles of Incorporation (Election of Officers) 22 (Election of Officers) ① The president shall be elected at the general meeting, and (hereinafter omitted) Article 36 (Relation with D) ① The Defendant shall be a juristic person and also a member of D.
(2) The defendant shall have rights and duties as a member under the articles of incorporation of D.
Article 41 (Enactment of Acts and Subordinate Statutes, Applicable Mutatis Mutandis, and Rules) The Civil Act, the D Articles of Incorporation, and relevant provisions shall apply mutatis mutandis to matters necessary for the enforcement of the articles of incorporation, and the Chairperson shall separately prescribe matters
[D] Article 6 (Subordinate Organizations) (1) D may have chapters in Seoul Special Metropolitan City, Metropolitan Cities, Dos and Metropolitan Autonomous Cities and Dos, and Sis/Guns/Gus.
(5) The operation of branches and sub-branches shall be separately determined by the D Chairperson, subject to resolution by the D Council.
Article 9 (Rights and Duties of Members' Organizations, etc.) (2) Members' organizations, etc. shall have the following obligations with respect to D:
1. Article 37 (Appointment of Executives) (1) The chairperson of a chapter shall approve executives of the branch and persons elected at the joint meeting of the head of the competent sub-chapter and the head of the competent sub-chapter, and (hereinafter referred to as "D officer election regulations") (hereinafter referred to as the "sub-committee") shall have the right to vote;
Article 6 (Restriction on Voting Rights, etc.) (1) Any ex officio representative whose term of office expires in the year of the appointment of an executive officer under Article 2 shall be until the day before the date of the D general meeting.