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(영문) 서울남부지방법원 2016.09.23 2016가합1206
기독교한국침례회총회장 선출결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The defendant is an organization consisting of D church units and arguments, and D church units who agree with the spirit of the professional body of the rules and comply with the rules. The plaintiff is a person who retired from the defendant's 101 ordinary general meeting held from September 19, 201 to September 22, 201 and was selected as a general secretary at the 101 ordinary meeting of the defendant, which was held from September 19, 201. 2) C was elected from September 26, 2006 to the defendant's 96th ordinary general meeting of the defendant from September 26, 2006, and was in office as a general secretary from September 201. The defendant's 105 ordinary general meeting (hereinafter referred to as "instant general meeting") held from September 21, 2015 to September 24, 2015, who was elected as the head of the defendant's general meeting.

B. 1) On March 31, 2008, the Defendant held the 9th regular meeting on March 31, 2008 and dismissed C from office. On April 17, 2008, C filed an application against the Defendant, etc. for prohibition of interference with business and prohibition of holding a general meeting. On May 14, 2008, this Court rendered a provisional disposition that prohibits C from performing its general affairs on the ground that the above dismissal resolution was null and void due to its failure to meet the quorum, and that it prevents C from holding a general meeting to elect the general affairs (this Court 2008Kahap7688). 2) Notwithstanding the above provisional disposition decision, the Defendant, despite the above provisional disposition decision, held an extraordinary general meeting on May 30, 2008, and held a general non-permanent special election to elect E as general affairs.

Accordingly, on July 2, 2008, C applied for a provisional disposition against E, such as the suspension of the execution of duties, and this Court made a decision of acceptance (this Court 2008Kahap10499) on the application for the provisional disposition on the ground that the special meeting of May 30, 2008, which elected E as a general secretary on August 12, 2008, was null and void against the previous provisional disposition ordering the prohibition of holding.

3 C The purport that on May 21, 2008, against the Plaintiff, Defendant, etc., “it shall not interfere with any and all legitimate conduct of duties as a general manager.”

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