회장선거무효확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. On December 6, 2014, the main intent of the grounds for the plaintiffs' claims lies in a significant and apparent substantive and procedural defect in the presidential election held by the defendant to elect the president who is the representative of the defendant on December 6, 2014. Therefore, the above presidential election is invalid.
2. Judgment on the main defense of this case
A. The summary of the Defendant’s main defense cannot be deemed as an independent organization as a non-corporate group. Thus, the instant lawsuit is unlawful as it was filed against the Defendant, who is not a party to the lawsuit.
B. In a case where Article 52 of the Civil Procedure Act recognizes the capacity of a non-corporate company as a party to a non-corporate company is not a juristic person but an entity as an association and is engaged in social activities or transactions through its representative or manager, disputes arising therefrom are intended to be settled by the organization as a party to a lawsuit in its own name. Thus, an association here refers to an organization which is an organization organized for a certain purpose and has a provision regarding an organization externally representing an association.
(see, e.g., Supreme Court Decision 97Da18547, Dec. 9, 1997). In addition, even if an incorporated association is a subordinate organization, if it has the substance as above and engages in its own activities, if it is a subordinate organization, it shall be deemed as an unincorporated association independent from the incorporated association.
(See Supreme Court Decision 2006Da60908 Decided January 30, 2009). C.
Judgment
We examine whether the defendant is an independent non-corporate body separate from the Korean Senior Citizens Association (hereinafter referred to as the "Korean Senior Citizens Association").
(1) First of all, the plaintiffs asserted that the defendant made its own articles of incorporation, but as shown in the Gap evidence Nos. 10 and 24 (including numbers, if any, including numbers; hereinafter the same shall apply) as shown in that they were consistent therewith, are stated in Gap's evidence Nos. 2, 9, 10, 13, 16, 22, 25, and Eul evidence Nos. 20, 21, and 30, and the fact-finding inquiry into the Korean Senior Citizens Association F Branch of the Korean Senior Citizens Association.