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(영문) 서울중앙지방법원 2016.07.19 2015가합567420
감리사당선무효확인청구의소
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the plaintiffs' assertion

A. Defendant F Religious Organization G (hereinafter “Defendant G”) is a local council under the F Religious Organization K (hereinafter “K”), and Defendant H is a person elected from K on April 16, 2015 as the chair of Defendant G’s design.

B. At Defendant G’s supervision election held on April 16, 2015 (hereinafter “instant election”), 92 of the electors participated in the voting, and as a result of the ballot counting, Defendant H’s 46 marks, A A’s 45 marks, and A’s 1 marks invalid (not in the column of the mark, but in the name column of Defendant H) were aggregated.

C. However, Article 86(2) of Part III of the F Religious Organizations doctrine and Article 36(2) of the Decree provides that “The election of a supervisor shall be elected from among the traders qualified under Article 84, but shall be elected with the attendance of a majority of the incumbent members and with the concurrent vote of a majority of present members.” The number of votes obtained by Defendant H cannot be elected as a supervisor because the number of votes obtained by Defendant H falls short of the majority of the attendance. As such, Plaintiff B, the election management officer of the instant election, declared that Defendant H was elected as a supervisor of Defendant G,

Therefore, in the instant election, the resolution in which Defendant H was elected as a supervisor of Defendant G (hereinafter “instant resolution”) is null and void, and the Plaintiffs, who are electors of the instant election, seek confirmation of the invalidity of the instant resolution against the Defendants.

2. Judgment of this case

(a) in a lawsuit seeking confirmation of the existence of a status of elected person upon the election of the representative of an organization, a lawsuit brought against a person other than that organization or a representative or an individual elected by a resolution at issue shall be issued, if the judgment citing the claim is made;

Even if the judgment cannot be effective to the organization concerned, and it cannot be the most effective method as a fundamental means to resolve disputes between the parties surrounding the status of representative of the organization granted as the effect of the decision of the elected person. Therefore, there is no qualification for the defendant or there is no benefit of confirmation.

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