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(영문) 서울중앙지방법원 2013.12.19 2013가합5553
경로당회장지위확인 및 등록증발급 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 201, 201, the Plaintiff filed a report on the establishment of a senior citizen center with the head of Gangnam-gu Office as the president of the Gangnam-gu Seoul apartment (hereinafter “instant apartment”) (hereinafter “instant senior citizen center”) and received a certificate of identification number from the head of Samsung Tax Office.

On October 14, 2011, the defendant issued a certificate of registration of the chairperson of the center for senior citizens of this case to the plaintiff upon the plaintiff's application, but around June 2012, issued a letter of public notice demanding the plaintiff to go through the procedure for the election of the chairperson.

[Ground of recognition] Unsatisfy, Gap Nos. 2 and 9, All purports of pleading

2. The parties' assertion

A. The plaintiff: The plaintiff organized the center for senior citizens of the apartment in this case under the defendant's jurisdiction, and was elected as the chairperson by holding a general meeting.

The defendant denies the status of the plaintiff and refuses to issue a certificate of registration, and thus the defendant seeks confirmation of the status of the chairperson of the center for senior citizens and issuance of the certificate of registration.

B. Defendant: (a) the election procedure asserted by the Plaintiff was conducted without undergoing lawful procedures, such as the organization of an election commission, as stipulated in the election management regulations, etc. of the president of the Korean Senior Citizens Association at all levels; and (b) the Plaintiff himself/herself does not have the qualification of the president, such as morality, etc

3. According to the purport of subparagraph 3-3 of the judgment and the whole purport of the pleadings, the apartment of this case, where the occupancy of the apartment of this case was commenced on July 201, the Plaintiff appears to have moved into the apartment of this case and tried to newly establish the center for senior citizens of the apartment of this case for the first time around September 2011.

In the case of a newly established senior citizen center, if the defendant demands to meet all the procedural requirements that the defendant claims concerning its composition and the election of the representative, the composition of the senior citizen center may become impossible. Therefore, it cannot be readily concluded that such procedural requirements should be fully satisfied.

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