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(영문) 서울남부지방법원 2020.01.10 2019가합103271
면직처분확인 등
Text

1. All of the plaintiffs' lawsuits against defendant E are dismissed.

2. Defendant F, G, H, I, J, and K.

Reasons

1. Basic facts

A. Plaintiff A was elected as the Defendant’s National Federation Chairperson (the representative director) at an election held on November 20, 2017 by the Defendant as a member of Defendant E, an incorporated association.

However, the O, who was absent in the above election, claimed the invalidity of the above election, and applied for a provisional disposition to suspend the execution of duties as Seoul Southern District Court 2017Kahap20458.

On June 1, 2018, the above court accepted theO's assertion and rendered a decision on the appointment of a lawyer as an acting director, ordering the Plaintiff A to prohibit the performance of duties and appointing a P.

In the case of a lawsuit seeking confirmation of invalidity of the above provisional disposition No. 2017Gahap113700, the above court rendered a judgment to confirm the invalidity of the above election against the defendant on May 29, 2018, and the defendant appealed, and theO withdrawn the above case on November 15, 2018.

B. Defendant J, I also filed a provisional disposition against the Plaintiff as Seoul Southern District Court 2018Kahap90, which is another member of Defendant E, an incorporated association, to suspend the performance of duties and appoint an acting representative.

On September 13, 2018, the above court appointed an attorney-at-law as an acting representative upon the application of Defendant J and I.

C. Defendant J, I, etc. constituted an emergency response committee to which a provisional disposition such as the suspension of the performance of duties against Plaintiff A was rendered.

On May 31, 2018, Defendant J notified the directors of Defendant J as the chairperson of the Emergency Countermeasure Committee of May 31, 2018 of the 4th Emergency Board meeting in May 31, 2018.

On June 11, 2018, the board of directors held on June 11, 201 approved the organization of the emergency countermeasure committee and replaced Defendant I with the temporary chairperson.

On June 21, 2018, according to the convening of the Defendant I, the Defendant Council passed a resolution to revoke the appointment of Q as the secretary general of the Defendant E Federation as the National Federation Chairperson of the Defendant Association on behalf of the director general of the Defendant Federation, including conducting an audit of Plaintiff A on June 21, 2018.

Defendant F, which was the Deputy Secretary-General, by the above resolution, shall perform the duties of the Secretary-General in accordance with the Defendant’s Secretariat Operation Rules.

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