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(영문) 부산고등법원 2015.05.26 2014나8936
회장당선무효확인
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the witness in Part 5 of the judgment of the court of first instance shall be removed from the witness in Part 4 of Part 5 of the judgment of the court of first instance as "the witness in the court of first instance", and the following in Part 6, 8 as stated in the reasoning of the judgment of the court of first instance except for the addition of the part "................

(3) In addition, the plaintiff's additional argument that the latter part of Article 12 of the defendant's articles of association provides that "a regular member of a member's organization may leave the election for the chairperson" is merely a re-verification of Articles 6 and 7 of the articles of association, which provide that only the representative of the organization or institution that is a regular member of the defendant's association shall be eligible for the election for the chairperson, and that the recommended director shall not be eligible for the election for the chairperson, and that the recommended director shall not be eligible for the election for the chairperson. In addition, Article 2 (1) of the defendant's election management regulations provides that "a member of a member's association may leave the election for the chairperson" in the latter part of Article 12 of the defendant's articles of association shall be a direct provision for the defendant's chairperson's eligibility for the election for the chairperson, since Article 12 (3) of the defendant's articles of association provides that "a member of a member's association may leave the election for the chairperson." In addition, Article 2 (1) of the defendant's election management regulations also stipulate that the candidates are limited to the chairperson.

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is dismissed.

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