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(영문) 서울고등법원 2016.04.12 2015나2042474
동대표지위부존재확인
Text

1. All appeals filed by the Intervenor against the Defendant are dismissed.

2. The costs of appeal are assessed against the Intervenor.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, some of the following shall be added or added:

2. A portion used for adding or cutting;

(a) 8 pages 8 of the first instance court judgment, the first instance court held that “AS and AF shall attend the meeting held” with “at the meeting of the election commission held”;

B. On the 10th judgment of the first instance court, the Defendant’s Intervenor’s 9-8 statement “A against A is in the state of filing an immediate appeal (Seoul High Court 2015Ra450).” On August 24, 2015, the Defendant filed an immediate appeal against A, but was dismissed on August 24, 2015 (Seoul High Court 2015Ra450).” On the 14th judgment, the Defendant’s 21 statement in the evidence No. 21 was added to the 14th judgment (based on recognition).

C. From 19 pages 3 to 21 of the judgment of the court of first instance, the following shall be followed: (a) from 3 to 21 of the following shall be followed: (b) Whether the decision of the examination of the candidate of this case violates Article 38(4)(i) of the instant management rules:

AH and the Intervenor Q filed the instant complaint against AI and Plaintiff D, who raised doubts about the operation of the existing management body by the representatives of the second units of the instant case. However, AI and Plaintiff D were subject to a disposition that was unguilty of the instant case. Accordingly, the instant election commission decided against the instant third unit of the Defendant, including the Intervenor Q, to limit the eligibility for the instant election to the instant 4th unit of the instant election. The instant decision on the examination of candidates included the contents that the Defendant F, Q, I, R, L, and G were elected in the instant election, unlike the result of the instant decision, including the limitation on the eligibility for the instant election. Accordingly, the instant decision includes that the Defendant F, Q, I, L, and G, who were some of the three unit of the instant third unit of the Defendant, has been elected as a candidate for the instant election.

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