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(영문) 서울동부지방법원 2017.10.25 2017나20366
기탁금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant, as a central sports association affiliated with the Korea Olympic Committee, was established to widely disseminate and support C and its affiliated organizations, which are traditional sports associations.

B. On July 25, 2015, the Defendant decided to hold a temporary representative meeting to hold an election for the chairperson. The Plaintiff shall pay KRW 20 million to the candidate for the chairperson election management regulations of the Defendant on July 10, 2015 in order to run for the chairperson. The deposit money shall be used for election expenses, and the remaining amount shall be reverted to the Association.

(Article 6 (6) of the Election Management Regulations). The deposit amount of KRW 20 million is paid to the defendant.

C. The plaintiff was elected as the chairperson in the election implemented as above, and the defendant declared the plaintiff as the winner and publicly announced it.

(hereinafter “instant election”). D.

On July 27, 2015, the Defendant requested the Korea Sports Council to authorize the Plaintiff to take office on July 27, 2015, pursuant to the articles of incorporation that “the appointment of an executive shall be approved by the Korea Sports Council,” but the Korea Sports Council did not notify the Plaintiff of whether the appointment was made on the grounds that the petition for the opening of the office staff was received in the process of election of the president, and that it was necessary to investigate the

E. Meanwhile, the Korea Sports Council held a board of directors on January 27, 2016 and held a resolution of the board of directors to designate the defendant as a management organization pursuant to Article 6(2) of the Fair Trade Organization Regulations on the ground of the failure in carrying out a smooth business due to various disputes related to the sports organization, ② the defendant’s financial maliciousness, etc., and ③ the smooth promotion of the consolidation of sports organizations pursuant to a certain schedule. Pursuant to Article 6(3) of the same Regulation, the defendant’s executive officer was immediately dismissed, and the franchise competition organization was determined to have difficulty in normal organization operation due to any of the following reasons.

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