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(영문) 서울중앙지방법원 2015.10.06 2014나62618

손해배상(기)

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. Defendant B was the Chairperson of the Central Do Residents Association (hereinafter “Central Do Residents Association”) on January 25, 2014.

Defendant C is the Director General of the Central Do Residential Council.

B. On December 26, 2013, the Plaintiff, E, F, and G had a significant defect in the 31st general meeting, and the Plaintiff was elected as the president on December 21, 2013, and the president of H-Gun Civil Association (hereinafter “H-Gun Civil Association”) was not amended for two to three years. However, at the 31st general meeting of H-Gun Civil Association on November 23, 2013, the 31st general meeting of the 31st general meeting of the 31st general meeting of the 31st general meeting, the Plaintiff was elected as the president on December 21, 2013, the president of the Central Do Civil Association requested the Do Civil Association to send an official document to the Plaintiff, who is the new president, to the new president on December 26, 2013. < Amended by Act No. 11618, Dec. 26, 2013>

C. Accordingly, on January 6, 2014, the Central Do Residents Association sent to E, F, and G an official document stating “I” as “I,” as shown in attached Table 2 (hereinafter “instant official document”).

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3 and the purport of whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) the term of office of the 14th president of the H-Gun Council of the 14th president J was expired on November 23, 2013.

However, around November 12, 2011, the J arbitrarily changed the provision that “the term of office of executive officers shall be two years,” among the rules of the H-Gun Council around November 201, Article 9 of the H-Gun Council, is “the term of office of executive officers shall be three years” to “the term of office of executive officers shall be three years.”

J, on November 23, 2013, at the 31st session of the HH Military Council, impliedly, the request for the election of officers, such as the president of the members.

The Defendants impliedly approved the J’s aforementioned illegal act and approved the J’s extension of its president’s term of office for one year.

(2) December 2013.