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(영문) 창원지방법원 2014.12.10 2013가합7196
이사장 선거무효확인 등의 소
Text

1. The part concerning Defendant B among the instant lawsuit is dismissed.

2. The plaintiff's claim against the defendant A Association.

Reasons

1. Basic facts

A. The Defendant Association is an association composed of C, and the Plaintiff is a C, a member of the Defendant Association, and is the elector of the instant election.

B. The Defendant Association held the instant election on August 7, 2013, and the said election was run by D, E, and Defendant B.

As a result of the election, D in total 501 marks 219 marks, E 13 marks, and Defendant B 269 marks respectively, and Defendant B was elected as the 23th president.

C. On the other hand, on September 17, 2012, the Yangsan City ex officio the registration of the F Co., Ltd., the representative director of which was F Co., Ltd. (hereinafter “F”), on the grounds that the registration was made by fraud or other wrongful registration, and on September 27, 2012, issued a disposition to reduce the number of vehicles on the grounds of an illegal increase in the number of vehicles among the F’s registered vehicles on the grounds of the illegal increase in the number of vehicles under the document Articles.

On July 19, 2013, Defendant B distributed leaflets stating “If a person who has damaged the authority and trust of the Korean industry due to an unlawful act, such as receiving a reduction of the number of vehicles by illegal registration, is elected as the president, he/she shall not be able to obtain ice due to a shot operation.”

E. After that, on August 2, 2013, the Defendant Association Election Management Chairperson of the Defendant Association: (a) drafted a letter stating that “I will not raise any civil or criminal objection against the result of the subsequent election along with the withdrawal of the documents received by D in connection with the receipt of the request for a fair election against Defendant B, for the verification of an illegal registered vehicle against Defendant B, who was going out of the instant election, for the deprivation of the candidate’s eligibility for election for the president; and for the deprivation of the candidate’s eligibility for election for the president; and (b) D, for any case, for the result of the subsequent election.” (hereinafter “each of the instant letters”).

F. Meanwhile, Article 11 of the Articles of Incorporation of the Defendant Association is based on the number of the licenses (registration) 40, with respect to voting rights at a general meeting.

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