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(영문) 서울남부지방법원 2020.11.17 2019가합115595

중앙회대의원총회 결의무효 확인

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1. The plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a non-corporate body established for the purpose of promoting mutual friendship and public welfare among national accommodation businesses, and the plaintiffs are the representatives of the National Federation as the defendant's members.

B. On April 3, 2019, the Defendant made the instant resolution by appointing F as auditor from the ordinary general meeting of this case.

C. On July 10, 2020, F submitted to the Defendant a resignation letter stating that he/she will resign from the audit office to be held by the special election of the president of the branch of the Yanancheon-si Branch Office, which will be held by the Defendant on July 20, 2020.

On July 16, 2020, the defendant respondeded to the question that the Chairperson of the Cheongcheon-si Branch Election Management Committee should choose one of the National Federation's audits or candidates until voting is conducted. D.

The articles of incorporation and election management regulations of the defendant are as follows.

Article 13 (Officers) (1) The following officers shall be assigned to this Council:

1. The National Federation;

(d) Not more than four auditors. (1) If a vacancy occurs among executives, the board of directors of each level shall be filled with at least the number of auditors;

(3) The term of substitute officers shall be the remainder of the predecessor's term.

Article 16 (Examination, Qualifications and Election of Officers) (1) Officers shall be elected at a general meeting.

Various levels of associations shall also apply mutatis mutandis thereto.

However, the selection method, procedure, etc. shall be separately prescribed by the election management regulations.

Article 3 (Composition of Election Management Commission) (1) The various levels of meetings shall appoint members of the election management commission (one chairperson, one vice-chairperson, three or less members, one executive secretary, and one executive secretary) by not later than seven days prior to the public announcement of the registration of candidates for election for the election of executives of the central association, branch associations, or branch associations in order to perform election affairs under Article 16 of the Articles of association and the Election Management Regulations, and the executive secretary

Article 7 (Duties of Committees) (1) Election commissions at all levels shall take charge of and implement all election management affairs, and the duties thereof shall be as follows:

1. The chairman, the sub-chairman, and the chief in accordance with the articles of association and regulations;