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(영문) 제주지방법원 2017.07.13 2016가합11352

임시총회무효확인등

Text

The plaintiff's lawsuit against the defendant C Welfare Center shall be dismissed.

The plaintiff's claim against the defendant Eul is dismissed.

Reasons

1. Determination as to the claim against Defendant B, an incorporated association

A. 1) The Defendant Incorporated Association B (hereinafter referred to as the “Defendant Total Association”) is a corporation with the objective of protecting and promoting the human rights of E in Jeju-do, which is organized as members of the 10 member organizations, and its representatives constitute the president of the Korean Federation.

The Plaintiff is the president of the Defendant’s Total Federation from March 30, 2013 to April 6, 2016.

B) Defendant C Welfare Center (hereinafter “Defendant Welfare Center”) is established by Jeju Special Self-Governing Province Governor.

(2) In light of the articles of association of the Defendant’s general federation, the matters concerning the recruitment of the secretary-general of the facilities managed by the Defendant’s general federation are stipulated as “a resolution (Article 23 and Article 24) with the consent of a majority of the participants present at the meeting of at least two-thirds of the total members of the Defendant’s general federation (Article 23 and Article 24). (B) From July 1, 2013, the office-general of the Defendant’s general welfare director came to fall under retirement age around December 2015, and the Defendant’s general federation held a meeting on December 11, 2015 to employ the secretary-general.

Accordingly, through the open recruitment procedure at the meeting of the chairperson group, the director of the defendant welfare center was employed, and the grading table for the applicants was decided to be prepared by F, G, and H.

C) Unlike the above resolution of the president’s meeting, the Plaintiff prepared a arbitrarily grading table on January 7, 2016, and confirmed it despite the opposition of the other presidents. Thereafter, the Plaintiff met on January 13, 2016, a person subject to an interview by the secretary general (I and J) and finally passed I in accordance with the grading table that he/she confirmed. (D) The instant case pertains to “the consignment operation contract for the Defendant General and Jeju Special Self-Governing Province Governor entered into.”