logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지법 1988. 12. 19. 선고 88카12711 제1민사부판결 : 확정
[직무집행정지대행자선임가처분][하집1988(3.4),366]
Main Issues

(a) Ability of a branch, an affiliated organization of an incorporated association to sue;

(b) A case acknowledged as a non-special agreement for filing a lawsuit;

Summary of Judgment

A. Although the Daegu Jung-gu Branch is an affiliate of the Korea Utilization Society without having its own articles of association, and pays part of revenues to the Federation and is subject to business guidance and supervision. However, if it is recognized that the branch is a voluntary organization consisting of a majority of its members, and engages in its independent social activities, such as organizing and executing its own budget with a resolution body called a branch president, a site president, a standing member, an auditor, etc. and an ordinary general meeting of shareholders, it cannot be deemed that the branch is an unincorporated association.

B. If an applicant submits to the Federation of Korea, an incorporated association, a letter of undertaking that "I wish not to be bound to the foregoing seat of the president of the Daegu Jung-gu Branch," that "I wish not to think of the president, even if any," and accordingly, the Federation of Korea, an incorporated association, shall be deemed to have reached a resolution between the applicant and the respondent, and the respondent shall be deemed to have reached the resolution between the applicant and the respondent, the applicant shall be deemed to have agreed not to dispute not only the respondent's establishment of a branch, but also the other party shall be deemed to have agreed not to dispute the other party's establishment of a branch, and thus, there is no benefit

[Reference Provisions]

Articles 48 and 227 of the Civil Procedure Act

New Secretary-General

Maximum conversion

Respondent

Maximum Hero and one other

Text

The motion of this case is dismissed.

Litigation costs shall be borne by the applicant.

Purport of application

Until the judgment on merits becomes final and conclusive, the respondent shall not perform the duties of the president of the branch of the Korea Using Society, Daegu Metropolitan City, Jung-gu Branch of the Jung-gu Branch.

The Jung-gu Seoul Metropolitan City Council of Korea, which is a respondent, shall not have the respondent perform the above duties.

An appropriate person prescribed by the court shall be appointed as an acting director during the period of suspension of performance.

Litigation costs shall be borne by the respondent.

Reasons

The applicant is the ground for the application of this case and the decision of the Jung-gu Branch of the Seoul Special Metropolitan City, Daegu Special Metropolitan City, the Respondents Association (hereinafter referred to as the "Respondents Association") elected the Respondents as the president of the branch at the ordinary meeting held on July 8, 1988, which was held on July 8, 198 only 43 incumbent members from among 194 members. This is null and void in violation of the provisions that make a resolution with the consent of the majority of the participants who attended the meeting of the incumbent majority of all incumbent members as stipulated in Article 32 of the Articles of the Korea Utilization Society, which is an incorporated association. According to the above decision, the Respondents, who currently hold the Respondents as the president of the Respondents Association, did not fulfill the obligation to pay membership fees, and therefore, the affairs of the Jung-gu District Council of the Respondents are closed, so it is argued that the respondent temporarily suspends the performance of the duties of the Respondents

The respondent argues that the respondent's application of this case is unlawful, since it is not the affiliate of the non-applicant's non-applicant's association and it does not have legal personality independently from the other affiliate of the Korea Association, the Federation has the authority to conduct its management or work on behalf of its executives. Therefore, the respondent's application of this case is without legal capacity and there is no room for establishment of the respondent's best application of this case. Thus, it is argued that the respondent's health unit, the No. 1 (Articles of Incorporation), No. 2 (Operation Rules), No. 3 (Notice of Election of Officer of the 88 general meeting, No. 9) and the No. 4-1 (Notice of Right to Conduct Management), 2 (Delegation), 6-1 (Approval of Officers), 2 (Unauthorized Approval of Officers), 2 (Unauthorized Ordinance of the Korea Association), 2 (Unauthorized Ordinance of the Ministry of Health and Welfare's own Ordinance of the Ministry of Audit and Inspection's own Ordinance of the Ministry of Audit and Inspection's own Ordinance of the Ministry of Audit and Inspection's of Association's Affairs.

The respondent again submitted to the Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's 6's Ba's 181.

Therefore, the application of this case is dismissed, and the costs of lawsuit are assessed against the losing party. It is so decided as per Disposition.

Judges Song Jin-hun (Presiding Judge)

arrow