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(영문) 대구지방법원 포항지원 2018.02.09 2016가합11689

당선무효등확인

Text

1. The defendant's decision that the 12th special election for the head of the branch office held on December 7, 2016 that held C as the winner of the branch office.

Reasons

1. Facts of recognition;

A. 1) The defendant is a branch of the above association consisting of persons who join the ordinary taxi transport business association after obtaining a license for private taxi transport business from B. The defendant is a non-corporate group with the purpose of promoting the mutual welfare and friendship among the members, promoting the sound development of the branch, building the mutual cooperation system between the branch and the above association, and maintaining and developing the smooth consultative body, and the plaintiff and C are the defendant's members. 2) The defendant has one head of the branch, seven representatives, 12 operating members, 2 auditors, 3 executive officers of the branch and the representative, operating members, and the auditor are elected by the direct election of the members in accordance with the election regulations.

B. On November 7, 2014, C was elected as the head of the 12th branch office of the Defendant, but C was sentenced to a judgment confirming that D’s election was invalidated at the appellate court of the lawsuit brought against the Defendant (Seoul High Court Decision 2015Na2844, Jun. 16, 2016). The appeal filed by the Defendant was dismissed by the Supreme Court Decision 2016Da29388, Nov. 25, 2016, and the above appellate judgment became final and conclusive, thereby losing the qualification of the head of the branch. 2) Accordingly, E, among the Defendant’s operating members, was elected as the head of the branch office, on November 29, 2016, the Defendant’s convening announcement and notification of convening the Steering Committee was held (hereinafter “instant Steering Committee”) and the meeting minutes were not prepared at the meeting meeting of 14:00 of the said year, and the meeting minutes were again prepared at the meeting of 15:20 of the E-Speaker’s meeting.

3. The operational members remaining in the conference room shall be elected as Speaker pro tempore.