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(영문) 서울중앙지방법원 2018.01.12 2017가합519128
공동의회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a branch church that belongs to L religious order (hereinafter “instant religious order”) and is a branch church that belongs to the NL association (hereinafter “the instant association”), and the Defendant’s church is composed of the members of the association and the head of the association (which refers to the articles of association of this case and the Defendant’s articles of association (amended by July 16, 2017) that are applied at the time of the resolution of the instant church and the joint council resolution; hereinafter the same shall apply). Article 7(2) of the Act, and the Plaintiffs are part of the head of the association (hereinafter “head of the association”).

B. The Defendant’s election as the head of the political party is to recommend candidates at the meeting of the political party and to be elected by the Joint Council (Articles of Incorporation) (Article 21(2)). In order to recommend candidates as the head of the political party, a resolution is required by two-thirds or more present at the meeting of the political party and by the affirmative votes of two-thirds or more present at the meeting (proviso of Article 9 of the Articles of Incorporation), and the Joint Council shall elect as the affirmative votes of two-thirds of the number of voters.

(Articles of Incorporation, Section 3). (c)

At the temporary conference of the Defendant on February 26, 2017, the Defendant passed a resolution on the “case of recommendation for full-time employment to seven candidates” and “case of O sale” (hereinafter “instant resolution”).

On the resolution of the political party of this case, P participated as a party member, and P is subject to the resolution of the reinstatement from the party branch of February 13, 2016, as follows:

3.(c)

2) As seen in the foregoing paragraph, there was a dispute over the validity of reinstatement. If P is deemed as a party member, 2/3 of the 42 incumbent president, who is the requirement for the resolution of the instant political party in accordance with the articles of incorporation, is present at the meeting. D. Based on the resolution of the instant political party, Defendant Party Chairman of the instant political party (SO sales, Q, a party executive, was announced to convene the instant joint council on March 19, 2017, wherein the “O sale” and the “election of the party executive officers,” etc., were the agenda items, based on the resolution of the instant political party, to be held on March 19, 2017.

E. At the joint council of this case held in accordance with the above convocation notice, all candidates were elected with the consent of at least 93.3%.

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