Whether a high school completion student is eligible to be elected as an officer of the alumni association;

In light of the nature of the alumni meeting with the aim of contributing to promoting friendship and the development of mother schools without any objection of graduates in the process of acting as a creative member, even though having completed a high school without graduating due to changes in the historical situation or academic system after the sunset, it was registered as a creative member on the register of alumnis, and in the absence of any objection by graduates, it is eligible to be elected as executive officers of the alumni association.

Article 31 of the Civil Act, Article 48 of the Civil Procedure Act

Daejeon Women's High School and its Changwon

Respondent

Daejeon District Court Decision 92Kahap69 delivered on October 16, 1992

1. The respondent's appeal is dismissed.

2. Paragraph 1 of the text of the original judgment was modified by the correction of the purport of the application in the trial as follows.

Daejeon District Court 93 Gohap818 decided on the merits of the case No. 93

(1) The respondent shall not use all the name of the president of the Daejeon Women's High School (KO) and Dong Changwon High School; and

(2) The respondent shall not commit an act of convening an ordinary general meeting, an extraordinary general meeting, or a meeting of the board of directors, under the name of the president of the Daejeon Women's High School (General) Dongwon High School.

3. Costs of appeal shall be borne by the respondent.

(The applicant corrected the purport of the application in the trial) Section 2 of this Regulation.

The original judgment shall be revoked.

The petitioner's application is dismissed.

1. Determination on this safety defense

A. Respondent's assertion

The respondent asserts that the non-party 1 who is the representative of the applicant's alumni meeting of this case is not the legitimate representative of the applicant, but the representative of the applicant's alumni meeting of May 1, 1992, which was convened by the non-party 2, and is not the legitimate representative of the applicant's alumni meeting, but the legitimate representative of the applicant's alumni meeting is the respondent, and the application of this case should be dismissed as the lawsuit filed by

(b) Markets:

(1) Evidence Nos. 1 and 2 of the above Nos. 2-1, evidence Nos. 3 (Minutes and contents), Evidence Nos. 6 (Minutes of 90), Evidence No. 7 (General Meeting Meeting of 90), Evidence No. 8 (Evidence No. 5), Evidence No. 10 (Evidence No. 11), Evidence No. 11, Evidence No. 2 (Notice on 54 Regular Meeting Minutes), Evidence No. 3 (Report No. 54), Evidence No. 7, Evidence No. 8 (General Meeting of 90), Evidence No. 16 of the above No. 1, Evidence No. 3 (Reports on Establishment of Malified Scholarship Scholarship Foundation), Evidence No. 7 (Minutes of 90), Evidence No. 85 (Minutes of 50), Evidence No. 14, Evidence No. 92, Evidence No. 14, Evidence No. 163 (No. 14, 196) of the deceased Foundation's respective motion No.

(A) On March 31, 1937, the Daejeon Female High School was established as Daejeon High School with a four-year term of study pursuant to Article 251 of the Notice of the General Council of Germany on March 31, 1937, and was opened to the Daejeon High School on April 1, 1938, and opened to the Daejeon High School. On February 10, 1946, the term of study was increased to six years on May 13, 1947, and the name of the school was changed to the Daejeon High School. On October 25, 1947, the name of the school was changed to the Chungcheongnam High School. On May 22, 1950, the three-year term of study was established to the Daejeon High School with a three-year term of study, and on September 1, 1951, the three-year term of study was changed to the Daejeon High School with the third-year Women High School with the third-year in the third grade.

(B) At the time of April 5, 1945, the applicant Nonparty 2 was enrolled in the Daedong Public Female School, a four-year educational year, and the above school was changed to the Chungcheongnamnam Women's Middle School, and completed the course of July 20, 1949.

(C) According to the rules of the applicant's alumni meeting, the chairman of the applicant's alumni meeting shall convene it once a year, and the officers such as the chairman shall be elected at the above general meeting, and the chairman's term of office is two years, which has been elected at the even number of years.

(D) At the time of the general meeting on May 1, 1990, the applicant's alumni meeting held a board of directors as the presiding officer of the applicant's alumni meeting at the time of the general meeting, and discussed the appointment of executive officers of the group whose term expires as of April 30, 1990, the above applicant's general meeting on May 1, 1990 decided to recommend the above non-party 2 as the chairperson of the next alumni meeting at the time of the above applicant's general meeting on May 1, 1990. The applicant's general meeting on May 11:00 of the same year held the third general meeting at the Daejeon Women's High School at the time of May 11, 1990. After the completion of the report on the completion of the establishment of the scholarship foundation which was being promoted from the previous year, the appointment of the chairperson is decided to be a screening member, and the screening members elected accordingly completed the above application from the above non-party 2 to the new president of the new president and the new president of the new president.

(E) Meanwhile, the above non-applicant 3 deposited KRW 109,409,409, which was raised with the scholarship fund, as the title holder to the non-applicant Central Investment Trust Co., Ltd. for the "non-applicant 3,00,000, the general meeting of promoters of the Industrial Foundation Foundation was held on March 28, 1990, and the minutes of the meeting, articles of incorporation, etc. of the Foundation was elected as the president of the said scholarship association at that meeting, and applied for permission to establish the Foundation with the name of the Foundation as the "non-applicant 3,00,000, the name of the Foundation Foundation" at that meeting as the "non-applicant 3.

(F) However, as the representative of the applicant creative meeting, the above applicant non-applicant 2 filed a petition with the Daejeon District Court on March 29, 191 that the above applicant non-applicant 3 did not transfer the scholarship raised by the applicant creative meeting to the new chairperson without obtaining a resolution from the two promoters' general meeting, and prepared the minutes and articles of incorporation in a false manner, and applied for permission of incorporation to the National Assembly of Korea on July 10, 1990. The above applicant non-applicant 3's application for permission of incorporation was invalid, and the above non-applicant 3 filed a petition with the Daejeon District Court on March 29, 191 to confirm that the ownership of the scholarship fund deposited in the name of non-applicant 3 in the name of non-applicant 3, the chairperson of the Busan District Investment Trust Co., Ltd., Ltd., which confirmed that the applicant's ownership was held to the said non-applicant 2, the applicant creative meeting was divided into "the above applicant non-applicant 2 and non-indicted 3," and the above applicant 2.

(G) On May 1, 1991, at the Daejeon Central Tourist Hotel, the general meeting of the 54 applicants was held and approximately 300 members were gathered, and the above non-applicant 2 was held as the presence of the above non-applicant 2, the above non-applicant 3 consented to the non-Confidence resolution of the Claimant 2 on the ground that the non-applicant 3 cannot become the chairperson of the Claimant 2 because the non-applicant 3 was not a " graduate of the Daejeon Female High School," and the above non-applicant 2 was merely a "Completion", and the non-applicant 2 cannot become the chairperson of the Claimant 2nd meeting. The non-applicant 4 non-Appellant 2nded in the meeting and the vice-chairperson 4nd in the meeting, the non-applicant 3nd in the meeting, who declared the closure of the meeting and the majority of the Applicant 3nd in the meeting, and thereafter, the Respondent 2nd in the process of the above request for the appointment of the Respondent as a legitimate non-Confidence resolution of the Respondent 2nd.

(H) Meanwhile, the above lawsuit on the claim for the confirmation of ownership of the above deposit is disputing the representative of the applicant's alumni conference, and on April 28, 1992, the lawsuit was established with the content that "the director and the auditor who are the officers of the above scholarship association shall be elected at the meeting of the first Dong branch of the Dong branch of the Daejeon Women's High School and the defendant's non-applicant 3 as the foundation foundation's foundation foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation'

(i) After that, the applicant creative meeting, whose representative is the above applicant and 2, shall hold the 55th regular meeting on May 1, 1992 on the basis of the notice of convening the audit report and the settlement of accounts, the certificate of appreciation plaque, the improvement of executive officers, the discussion items, etc. of the above applicant and 2, as the agenda item, as the general meeting of the 10th regular candidate and the non-applicant and the 10th regular candidate recommended as a single candidate at the 10th regular candidate meeting. On the other hand, on May 14, 1992 following the convocation of the respondent and the 79 members of the 10th regular candidate meeting at the Daejeon High School, such as the respondent, were selected as the 10th regular candidate at the 10th regular candidate meeting, and the non-applicant and the 5th regular meeting was appointed as the 5th regular candidate at the 5th regular meeting at the Jungnam-dong, Chungcheongnam-dong, Daejeon-dong, Daejeon High School.

(2) Therefore, based on the above factual basis, first of all, as the respondent asserts, whether the above applicant and 2, who were appointed as the president of the Dong branch, from the above 190 general meeting of May 1, 1990, have the qualification for membership in the applicants Dong branch, and the applicant and 2, the telegraph of the Daejeon Women's High School, who completed four years, has the qualification for membership in the applicants Dong branch or the eligibility for election of the head of Dong branch of the Dong branch.

(A) According to the statement of No. 1 of the above wall Nos. 1 of the above wall Nos. 1 of the above wall Nos. 1 of the above wall Nos. 1, the applicants' alumni meeting is established for the purpose of contributing to the friendship and the development of friendship among its members, and according to Article 4 of the rules of the meeting, it can be recognized that the graduates of the Daejeon Women's High School are qualified for membership. Thus, in accordance with the text of Article 4 of the above rule, the above applicants' non-party Nos. 2 of the above application No. 2

(B) However, considering the above facts as follows: (a) the non-party 2 entered the above non-party 1 in the 2nd session of the above 5th session and the non-party 4th session of the above 5th session with respect to the above non-party 4th session of the 5th session; (b) the non-party 2 entered the 1st session of the 1980 council and entered the 10th session of the 5th session in the 196th session of the above 4th session with respect to the above non-party 4th session of the 5th session; (c) the non-party 1 entered the 1st session of the 5th session with respect to the above non-party 4th session of the 5th session and then entered the 1st session of the 5th session with respect to the above non-party 4th session of the 1952 council; and (d) the non-party 10th session of the 193rd session of the 194th session.

(3) Next, at the ordinary meeting of May 1, 191, the chairperson et al. left the meeting and the Respondents left the meeting, and then the above Respondents left the meeting and elected the Respondents as new chairperson is legitimate, i.e., whether the legitimate representative of the Claimants Meeting was the Respondents other than the above Respondents 2 after May 1, 191, the initial general meeting is convened by the Respondents 2, the above Respondents 2, and the Respondents 3, etc. present different opinions from the above Respondents 2, during the meeting, the Respondents 9 et al. of the Respondents 2, the Respondents 9 et al., the Respondents 9 et al., the Respondents 9 et al., the Respondents 1 and 4, who were the Respondents , were not the Respondents 9 et al., the Respondents 1 and the Respondents 2, who were not the Respondents 9 et al.

(4) If so, the general meeting of the applicant creative meeting held on May 1, 1992 by the above applicant and the above applicant and the non-party 1 selected here shall be a legitimate representative of the applicant creative meeting, so the defendant's above assertion is without merit.

2. Judgment on the merits

A. The resolution of appointment of the respondent as of May 1, 1991 and May 14, 1992 is null and void, and the legitimate representative of the applicants' alumni meeting shall be as seen above.

(b) The above evidence and evidence Nos. 5 (Notice of 5) and evidence Nos. 9-1 to 5 (Notice of 10-3 and No. 9-5) were posted at the 1st five new high school meeting, and evidence Nos. 9-1 to 5 (Notice of 10-2 to the 1st fiveth new high school meeting) were not recorded at the 1st fiveth new high school meeting; the 1st fiveth new high school's 4th new high school's 5th new high school's 196th new high school's 9th new high school's 5th new high school's 196th new high school's 19th new high school's 5th new high school's 196th new high school's 5th new high school's 9th new high school's 19th new high school's 5th new high school's 5th new high school's 19th new 5th new 19th new 1.

C. According to the above facts, although the legitimate representative of the applicant's alumni meeting is one other than the above application, the respondent refers to the representative of the applicant's office without any title, and as seen above, the respondent has been working inside and outside the applicant's alumni meeting as the chairperson of the applicant's alumni meeting, causing considerable confusion in performing the affairs of the applicant's alumni meeting. As such, the respondent is the applicant, until the judgment on the merits became final and conclusive, using the respondent's name of the chairperson of the Daejeon Women High School (KK) and the Daejeon High School (KK) and the Daejeon High School (KKK) and the chairman of the board of directors, and there is a vindication as to the right to preserve the respondent's right to request the prohibition of convening the general meeting, the extraordinary general meeting, and the meeting of the board of directors.

3. Conclusion

Therefore, the applicant's application of this case shall be accepted with the reasons, and the original judgment is just and the respondent's appeal is without merit, and it shall be dismissed, but Paragraph 1 of the original judgment is modified by the correction of the purport of the application in the original judgment, and it is so decided as per Disposition.

Judges Lee E-hoon (Presiding Judge)