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(영문) 전주지방법원군산지원 2020.01.22 2018가합51145
지회장임명무효확인의 등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. A resolution to select D on August 27, 2018 by the Steering Committee of the Defendant Gun branch of the Plaintiff’s assertion as a candidate for the recommendation of the branch of the same branch of the branch of the sub-branch. The head of the sub-branch of the Defendant pre-North Korea branch appointed D on August 28, 2018 as the head of the branch of the Defendant Gun branch of the sub-branch. However, D had an effect on the process of election of the candidate by stating that the candidate is not qualified or his academic background was falsely stated in the candidate registration document. Thus, the above election and appointment of the branch

2. Determination ex officio as to the legitimacy of the instant lawsuit

A. Even if a subordinate organization of a certain organization can be recognized as an independent social organization that has an independent rule and is engaged in independent activities, it may be recognized as an unincorporated association as a party to a lawsuit (see, e.g., Supreme Court Decision 76Da2194, Jan. 25, 197). However, if it is not possible, it is not recognized as a party to a lawsuit.

B. If the statement in Gap evidence Nos. 1, 2, and 3 added the purport of the entire pleadings, the F organization (hereinafter "F organization") shall establish the Federation in Seoul Special Metropolitan City, its branch offices in Seoul Special Metropolitan City, Metropolitan Cities, and respective Dos, its branch offices in each Do, its branch offices in each Si/Gun/Gu, its branch offices in each Eup/Myeon/Dong, and its branch offices in each of the above branch offices, its branch offices, its sub-branch offices, and its sub-branch offices, and its sub-chapters. The head of the branch office shall appoint the head, the head of the branch office, the head of the sub-branch, the head of the sub-branch, and the head of the sub-branch by submitting an application, etc. for membership to the sub-branch of the Si/Gun/Gu at the domicile of the above branch office, and the head

On the other hand, there is no evidence as to the fact that the Defendants are carrying out independent activities with separate rules from the F organizations.

Therefore, all the defendants cannot be admitted as parties to a lawsuit.

3. The Plaintiff’s lawsuit against the Defendants is complete.

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