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(영문) 부산지방법원 2016.06.29 2015가단229705

유체동산인도

Text

1. The Defendants are 6,424,700 won to each Plaintiff and 15% per annum from December 17, 2015 to the date of full payment.

Reasons

1. Basic facts

(a)D, an incorporated association, has 17 City/Do branches nationwide, including the Plaintiff, as an organization established for the purpose of exchanging information on nuclear energy;

B. Defendant B is the president of the Plaintiff from March 13, 2008.

On October 4, 2012, an incorporated association D received expulsions, and Defendant C took charge of the Plaintiff’s financial affairs at the time of such expulsions.

C. On October 19, 2012, the Plaintiff held a monthly meeting to elect E as the new president. The provisions pertaining to the election of the president of City/Do branch offices in the Articles of Incorporation D (hereinafter “instant Articles of Incorporation”) and the Plaintiff’s bylaws (hereinafter “instant rules”) are as follows.

Article 17 (Duties of City/Do Chairperson) (1) The Chairperson of each City/Do Women's Meeting at the plenary session (hereinafter referred to as the "Chairperson of each City/Do") shall be appointed by the National Federation Chairperson upon recommendation at each City/Do Women's Meeting.

(2) The term of office of the chairperson of a City/Do shall be three years, and he/she may be reappointed once.

Article 4 (Composition of Officers) of the Rules of this case shall have the following officers:

1.One Chairperson (Election, Term of Office) Article 5 (Election, Term of Officers) shall be elected at the Assembly;

1. Qualifications for officers of the plenary session shall be members who have attended for three or more years;

2.The Chairperson and Vice-Chairperson shall be elected by a majority, recommended or voting at the Assembly.

Defendant B filed a lawsuit seeking confirmation of invalidity of the resolution of appointment of a sub-chairperson as Busan District Court Branch D and the Plaintiff as Busan District Court Branch D 2013Kahap2787, and on November 8, 2013, the Busan District Court rendered a judgment of nullification on the ground that the Plaintiff failed to meet the quorum and the quorum without legitimate convening the resolution of appointment of sub-chairperson E as vice-chairperson on November 8, 2013.

E. Defendant B filed a lawsuit to nullify the resolution of disciplinary action against Defendant B as Seoul Southern District Court 2012Ga23208, which was the Seoul Southern District Court, and the Seoul Southern District Court on May 13, 2014.