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(영문) 대구고등법원 2016.01.07 2015나2127
회장불법선출무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The judgment of the first instance court on the scope of the trial of the party in each of the instant claims by the Plaintiff cited the Defendant’s claim for invalidity confirmation of the resolution of the general meeting of June 30, 2013 (hereinafter “the resolution of the instant case”) which ordered the Plaintiff among the claims in each of the instant claims by the Plaintiff, and sought invalidity confirmation of the resolution of the general meeting of March 31, 2013 (hereinafter “the resolution of the instant case”) by the Defendant, who selected C as the president, as the vice president, and who approved E as the general secretary, as the Defendant’s general secretary, respectively.

The plaintiff only files an appeal against the judgment of the first instance, and the defendant did not file an appeal.

Therefore, the object of the party deliberation is limited to the resolution such as the election of this case, which is the part against the plaintiff, and the resolution of expulsion of this case, which is the part against the plaintiff, was excluded from the object of the party deliberation.

2. Basic facts

A. The Defendant is an organization whose members are older than 65 years old, who have resided in the Seogu-gu Seoul Metropolitan Government F and whose resident registration has been made. The Plaintiff became the Defendant’s member on January 22, 201.

B. The defendant's rules concerning the appointment of officers are as follows.

【Contents of the Regulations】 Article 11 [Election of Officers] (1) The president of the senior citizen center shall be elected at the general meeting, and the vice president and the secretary general shall be appointed by the chairman and shall obtain approval from the general meeting

(2) The chairperson and executive officers shall be at least 65 years of age.

Article 12 (Term of Office of Executive Officers) The term of office of the executive officers of the senior citizen center shall be four years, and the chairperson and the executive officers may serve for only one consecutive term.

XIV.(Composition of General Meeting)The Assembly shall be composed of all registered members.

§ 16 (Convocation of General Meeting) The General Meeting shall be as of the end of each month.

(excluding Sundays or legal holidays). (1) A general meeting shall be held by a majority of its officers and members, and any decision shall be made with the affirmative votes of a majority of its members present.

(2) The chairperson shall have a vote in a resolution and have a decision where the number of votes is equal.

C. C retired from the Defendant’s office on July 9, 2013.

【Unsatisfied facts, evidence Nos. 2 and 3

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