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(영문) 춘천지방법원영월지원 2020.09.24 2020가합10208
회장지위 부존재확인
Text

C confirms that the defendant is not the chairperson of the defendant.

Costs of lawsuit shall be borne by the defendant.

Reasons

Basic Facts

D as an incorporated association established under the E Act, a branch office having jurisdiction over the administrative district in Seoul Special Metropolitan City, Metropolitan Cities and Dos (hereinafter referred to as the “Metropolitan City Do”) as prescribed by the above Act and the articles of incorporation thereof shall be established in the Seoul Special Metropolitan City, Metropolitan City and Do (hereinafter referred to as the “Metropolitan City Do”). The consultative body shall have the Central Council of B Organizations, the Metropolitan City Council of B Organizations in the branch office, and the Si/Gun/Gu Council under the Metropolitan City

It is a non-corporate body that has independent operational regulations as a district council in the Mag Tae-si. It is a non-corporate body that has members, organization, organization, budget, and other human and material facilities.

At a meeting held on November 4, 2019, the defendant presented the case of the chairman of the defendant in 2020 under the supervision of C, which was the president of the existing committee.

During the discussion of the above agenda, C had an opinion to elect the Chairperson through the competition line, and as C has opposed to this and declared the meeting, G, which had been recommended as the candidate for the Chairperson by the Plaintiff and Vice-Chairperson who had been the director of the fiscal branch of the Defendant as the progress of the meeting of F as the immediately preceding president.

As a result of the 21 person's participation in the voting, the plaintiff was elected as the chairperson of the defendant in 2020 by making the plaintiff 14, G5, and 2 votes.

On the other hand, it seems that C is included in the meaning of "invitation" used by the parties in this case, as it is disputed whether C is again elected as the president in this case, among executive officers such as the defendant's chairperson.

In the case of being reported to the Do Council without going through the same procedure as the appointment of officers, there was a practice of deciding that it was a serious reason to go through the same procedure, so the defendant was reappointed as the chairperson in 2020.

On November 30, 2019, the defendant nomination committee recommended himself as the chairperson of the defendant, and thereafter on December 17, 2019, with the consent of the operating committee members.

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