제명무효확인의 소
1. The Defendant’s disposition of expulsion on June 29, 2015 against the Plaintiff is invalid.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. Parties C (hereinafter referred to as the “instant association”) are organizations established for the improvement of awareness about persons with disabilities and the expansion of social participation of persons with disabilities, and the improvement of human rights and the promotion of welfare for persons with disabilities. The Defendant is organizations under the instant association.
B. (1) On April 19, 2013, the instant association announced the election day, elector, candidate qualification, and candidate registration to elect D Chairperson. Accordingly, the Plaintiff, including the Plaintiff, was registered as a candidate by E, F, G, and H as a candidate for the president, and the Plaintiff and E were to resign from the office of candidate.
(2) On June 20, 2013, the instant association held a general meeting to elect the president (hereinafter “instant election”) and held an election (hereinafter “instant election”), and E was elected as the president.
C. The Plaintiff’s application for provisional disposition and the result thereof (1) The Plaintiff, immediately after the instant election, failed to meet the qualification requirements to become the president of the instant Association, but registered as a candidate in accordance with the election management regulations contrary to the articles of incorporation, and (2) the instant election was invalidated, and thus, the Plaintiff filed an application for provisional disposition seeking suspension of E’s performance of duties as Seoul Southern District Court 2013Kahap683 (hereinafter “instant provisional disposition application”).
(2) On January 7, 2014, the above court dismissed the application for provisional disposition of this case on the ground that there is a lack of vindication as to the right to be preserved and the need for preservation. Accordingly, the Plaintiff appealed with Seoul High Court 2014Ra223, but the above court dismissed the Plaintiff’s appeal on the ground that there is a lack of vindication as to the right to be preserved on May 15, 2014.
(1) When the application for provisional disposition of this case was dismissed, the defendant shall be dismissed on January 2014.