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(영문) 춘천지방법원강릉지원 2015.09.08 2015가합5203
위원 지위 부존재 확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts are non-corporate groups created for the purpose of management E, which is the death of L (M) from among K literature residing in the Young-dong area in Gangwon-do (the name of the defendant was changed from N to N on April 14, 2001), and the plaintiffs are the members of the defendant as the head of the Young-dong Si/Gun branch in Yong-dong area in Gangwon-do.

[Ground of recognition] Evidence No. 1, Evidence No. 5-1, Evidence No. 6-1, and purport of the whole pleadings

2. Article 6(1) of the Articles of Incorporation of the Plaintiff’s assertion provides that the number of the members of the Defendant shall be 13, and that six of the Si/Gun/Gu head of the Do and the head of the Gu/Si/Gun branch office, and the head of Gangseo-si youth shall be ex officio, and five of the members recommended by the head of the Gu/Si/Gun branch office from among the clans that have contributed to the clan-friendly business. Article 9(1) of the Articles of Incorporation of the Defendant provides that the members of the Defendant shall be elected by the Defendant Committee. In full view of the above articles of association, five of the members recommended by the head of Gangseo-si branch office shall undergo the above five selection procedure at the Defendant Committee

However, at present, F, G, H, I, and J (hereinafter “Recommending members”) who are members recommended by the head of the Gangnam-si branch among the Defendant’s members do not undergo the procedures selected by the Defendant Committee in accordance with the Defendant’s Articles of Incorporation and exercise voting rights by attending the Defendant Committee as the Defendant’s members, even though they are not the Defendant Committee.

Therefore, the plaintiffs, as the president of the Young-dong Si/Gun branch in the K Young-dong area, who are the defendant's members, seek confirmation that the recommended members are not the defendant members.

3. In full view of the overall purport of arguments in the statements No. 1, No. 5-1, No. 6-1, and No. 6-2, the defendant’s articles of association shall be 13 members, and the defendant’s members shall be 13 members, and the head of the Do and the head of the Do and the head of the Do and the head of the Gangnam-si Youth Association shall be ex officio, and the head of Gangnam-si shall be recommended by the head of the Gu and the head of the Do and the head of the Do and Dong-si shall be recommended

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