대의원자격 존재확인 청구
1. The plaintiff confirms that he is the defendant's representative.
2. The costs of the lawsuit are assessed against the defendant.
Basic Facts
A. The defendant is a non-profit incorporated association established pursuant to Article 28 of the Medical Service Act with nationwide herb doctors as its members, and B is the defendant's branch office (hereinafter "B branch office").
B. On January 23, 2015, the Section B held an election for the election of two representatives consisting of the Defendant’s general meeting of representatives (hereinafter “instant election”). Of 140 electors belonging to B, 124 electors of B participated in the voting and thereafter C 46 votes and 39 votes, respectively.
C. On January 25, 2015, the election commission of the branch office B (hereinafter “branch election commission”) (hereinafter “branch election commission”) decided D as the Defendant’s representative, and notified D as the Defendant’s preliminary representative, by applying Article 5(4) of the Rules on the Voting, etc. of the Defendant among the Plaintiff and D.
D argues that the principle of priority of the oldest does not apply to the election of the defendant's representatives, and that the branch office raised an objection to the above decision by the election commission of the branch office, but the election commission decided that the election commission "no reason exists."
On February 9, 2015, D, upon the result of a meeting of the National Election Commission, requested a judgment on the election of the representative of this case to the election commission of the defendant (hereinafter "National Election Commission"). On February 9, 2015, D, upon the result of the meeting of the National Election Commission, instructed B to make a resolution on the number of representative branches in accordance with the election result.
E. Article 25 (Election of Representatives, etc.) and Article 25 (Election of Representatives, etc.) (5) of the Articles of Incorporation of the defendant's relevant regulations shall be based on 250 representatives, but the prescribed number of representatives by each
(7) The method for selecting representatives shall be separately prescribed by a resolution of a general meeting.
Article 13 (Method of Appointment) (1) The Central Representatives of each branch office under Article 25 of the Articles of Incorporation.