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(영문) 인천지방법원 2018.08.24 2017가합59115
이사장선출결의무효확인
Text

1. The plaintiffs' lawsuit against Defendant G is dismissed.

2. The plaintiffs' claim against the defendant FF association is dismissed.

3...

Reasons

1. Basic facts

A. The relationship between the parties 1) The Defendant Union is a nonprofit corporation established pursuant to Article 53 of the Passenger Transport Service Act for the purpose of promoting joint welfare and friendship among the members of the Plaintiff with the membership of the I trucking Business Operator in H as its members, and the Plaintiffs are the members of the Defendant Union. (2) The Plaintiffs are the persons elected as the 12th president of the Defendant Union on November 9, 2016 as follows.

B. 1) The 12th election period of the Defendant Union’s 12th president was elapsed. The Defendant Union’s election to elect the 12th president between November 7, 2016 and November 8, 2016 (hereinafter “instant election”).

(2) On November 9, 2016, the chairman of the election management of Defendant G, J, K, and L 4 of the above election were the candidates for Defendant G, K, K, and L 4 of the above election. (2) On the result of the instant election ballot counting at the general meeting on November 9, 2016, the chairman of the election management of the Defendant Union declared that Defendant G was elected as the 12th president of the Defendant Union.

C. Article 12 (Executive Officers) of the Regulations on the Election of Executive Officers of the Defendant Union shall have the following executive officers:

1. One chief director;

2. Ten directors;

3. Two auditors.

4. The method for election of executive officers of the association under Article 14, one managing director, shall be as follows:

1. The chairman shall be elected by a secret vote of all members;

2. The election of directors shall be 10 persons, among 36 persons elected as representatives, elected in proportion to the members by region;

Article 23 (Convocation of Meetings)

1.The meetings of this association shall consist of an ordinary general meeting, an extraordinary general meeting and the board of directors.

§ 24. Formation and resolution of meetings

1. Meetings shall be concluded with the attendance of a majority of members and officers, and shall be resolved as a majority of the number of present;

Article 28 (Matters to be Resolved by General Meeting)

1. Amendment of the articles of incorporation and association;

2. Election of officers, and recommendation of non-Confidence of officers, other than the articles of incorporation, of the necessary association under Article 37 (Enactment of Provisions), the regulations and rules of the union shall be established by a resolution of the board of directors;

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