임시대의원총회 결의무효확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1, 7, 12, 13, and 15 (including virtual numbers; hereinafter the same shall apply);
(ii) entry in Eul evidence 3 to 6, 10 and the purport of the whole pleadings
A. The Defendant is an organization composed of members of the Si/Gun/C Association under the Jeonnam-do Sports Association, and the Plaintiff was elected as the Defendant’s president around July 2016.
B. On September 13, 2017, the Defendant’s representatives consisting of 10 Si/Gun/C Association presidents. 8 of the total 10 representatives (the president of the Si/Mayang-si, Mayang-gun, Mayang-do, Mayang-gun, Masan-gun, Masnam-gun, Massung-gun, and Young-gun Association) demanded the Defendant to convene a temporary representative meeting, which is subject to deliberation on “the dismissal of the Plaintiff’s Defendant’s Defendant’s president’s position” as the representative’s recommendation by the president of the Macheon-si Association.
C. On September 25, 2017, the Plaintiff notified the president of the Net City Association on September 25, 2017, and the president of the other association on September 27, 2017 that each of the “as the Defendant’s self-audit was absent and the D Association, which is a higher organization, would hold an extraordinary general meeting of delegates, on the grounds that there are justifiable grounds for not being able to hold an extraordinary general meeting of delegates.”
On October 27, 2017, the Plaintiff issued a notice of convening a temporary meeting on November 3, 2017 to the representatives on November 3, 2017, and the Defendant held a temporary meeting of 13:00 on November 3, 2017, but only three (3) representatives from among the total representatives were present.
E. Meanwhile, on September 29, 2017 and October 10, 2017, the president of the net City/Do Association, the representative of the temporary representatives’ general meeting, requested approval of the Defendant’s temporary representative general meeting to the Garanam-do Sports Association. On November 17, 2017, Jeonnam-do Sports Association notified the Defendant that “the Defendant shall approve the Defendant’s temporary representative meeting on November 27, 2017 at the request of the president of the net City/Do Association and the Defendant.”
F. On November 27, 2017, the Defendant held a provisional general meeting of the delegates (hereinafter “instant general meeting”) on November 14, 2017, and the Plaintiff was present at nine of the total ten delegates and with the consent of eight of them.