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(영문) 서울고등법원 2018.08.31 2018나2012870
부회장 인준통지 청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is as follows, with the exception that the part of the judgment of the court of first instance is dismissed as follows:

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

[Attachment] Part 6. 8 to 7. 2 of the judgment of the court of first instance: 3. The defendant may revoke or withdraw the admission ex officio, where there is any defect in the grounds for disqualification or other reason for disqualification of an officer, even after he/she has accepted the defendant's admission from the officer of the organization of member sports, as well as the officer of the organization of member sports.

(Defendant’s Articles of incorporation (Article 41(3) and 41(3) through (3) of the same Act). Of course, this case’s provision is a provision on whether an officer of City/Do Sports Association is an officer of City/Do Sports Association, and it cannot be deemed that it is based on the premise that the Defendant’s membership business group B is applied to the case’s officer

However, as the defendant's branch, the City/Do Sports Association has the rights and duties corresponding to the regular member organizations among the member sports groups (Article 7 (4) of the defendant's articles of association). In addition, in terms of the exercise of the right to supervise the organization or operation of the affiliated organizations, it is difficult to find the grounds or reasons to recognize the defendant's right to authorize the executives of the member sports groups differently from the right to authorize the executives of the City

On the other hand, around March 2016, the defendant was established by integrating the former Korea Sports Council and the former Korea Sports Council having jurisdiction over a specialized sports-for-all organization. On March 21, 2016, the defendant's establishment of the sports-for-all organization was repealed by the former sports-for-all organization regulations of the Korea Sports Council (hereinafter referred to as the "former sports-for-all organization regulations"), and its member sports organization regulations were enacted as a substitute internal regulations of the

However, according to Gap evidence Nos. 2 and Eul evidence Nos. 37 and 38, Article 13 (8) of the former Rules of the Organization of the Association of Korea which is a Commission for the Establishment of A. 2 and 38.

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