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(영문) 서울서부지방법원 2014.11.07 2014나592
임금 등
Text

1. Revocation of a judgment of the first instance;

2. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

3...

Reasons

1. Determination on whether a judgment without the first instance court’s pleading is lawful

A. The facts of recognition (1) F, which was the president of the Defendant Union, was indicted for the crime of taking property in breach of trust and sentenced to one year and six months of imprisonment (Seoul Western District Court 2010No930) (Seoul Western District Court 2010No930), was finalized by the Supreme Court on January 201, and G was appointed as an acting president around August 201 due to the failure of the president F.

(2) Around March 27, 2011, an election of executive officers, including the president, was held at the general meeting of the Defendant Union around July 30, 201.

The conflict between the existing executives and the resident joint countermeasure committee was continued, but the president of the association and the president of the association election committee were invalid, and the president of the association did not elected.

Accordingly, on June 1, 2012, I et al. of the resident joint countermeasures committee, who was sent to a new officer, filed a lawsuit (Seoul Western District Court 201Gahap10228, hereinafter “the lawsuit for confirmation of election”), such as confirmation of the status of the elected person, against the defendant association (G) and H, and was sentenced to the judgment of the court on June 1, 201.

(3) The Plaintiff filed an appeal against the judgment of the first instance court by asserting that he/she is the president of the Defendant Union’s association and that he/she is the president of the Defendant Union. The appeal was dismissed by the J on the ground that the status of the president of the association is not recognized, and the appeal was re-appealed, but the appeal was dismissed on October 11, 2013.

(4) Around June 25, 2012, the Defendant Union received authorization to change the establishment of the association from the head of Seodaemun-gu as the representative of I elected as the president of the association at the above general meeting, and completed the registration of retirement of existing executives and the appointment of new executives elected at the above general meeting on November 7, 2013.

(5) Meanwhile, around August 30, 2013, the Plaintiffs entered the Defendant’s representative in the complaint as “F” while filing a lawsuit on the instant wage, etc. with the Defendant, and entered the Defendant’s representative as “F.”

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