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(영문) 대구지방법원 2017.01.19 2016가합2578
지위권확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a C local organization of the National Federation of Korea, an incorporated association, established to promote mutual friendship and public welfare among accommodation businesses.

Even if a subordinate organization of an incorporated association has the substance of an incorporated association and is engaged in independent activities, it shall be deemed as an unincorporated association separate from that incorporated association (see, e.g., Supreme Court Decision 2006Da60908, Jan. 30, 2009). While the defendant does not have its own articles of association as a local organization of the Association B, it shall not have its own articles of association as a local organization of the Association B, it shall be a general meeting comprised of the defendant's representatives. Meanwhile, the defendant borrowed the articles of association or operating regulations of the above Federation and has a general meeting consisting of the defendant's representatives, such as the executive organization, the chairperson, vice-chairperson, director, and auditor, and the defendant has an executive organization independently and independently, regardless of the membership of the members, and the defendant is recognized as a non-corporate body that has the substance of the association and performs independent activities as a non-corporate entity.

B. In the meantime, the Defendant has been elected through the election at the general meeting of representatives. The Defendant held the board of directors on February 4, 2016, and decided to organize an election commission to elect the senior executives of the Defendant (hereinafter “instant election commission”), and as the chairman of the election commission, appointed H in E, vice-chairman, in E, members G, and executive secretary, respectively.

C. The instant election commission, which was to be held on February 29, 2016, decided to hold an election for the president of the Defendant branch by a representative vote at the regular general meeting of delegates, and announced the registration of candidate. The Plaintiff and I completed their respective registrations as candidates for the president of the instant election branch.

The defendant is under the lead of D, the president of the former branch.

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