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(영문) 서울중앙지방법원 2020.04.03 2019가합5500
감독회장직무대행선출결의 무효확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a religious organization whose members are Pindo, Pindo, Pindo, executives of Pindo, Sindo, Sindo, and Trading.

The defendant's Congress consists of a general meeting, annual meetings, local meetings, district meetings, and party meetings, which are subordinate organizations thereof, and the chief executive officer in charge of the evaluation as the defendant's representative.

B. On August 20, 2019, the Defendant held a meeting of the 33rd general meeting of the plenary session and held an election for acting as the chief executive officer of the plenary session. Of 41 members of the plenary session, 38 members of the plenary session did not obtain the highest number of votes but did not obtain the majority. As a result of the second voting, C was elected with 22 votes, and accordingly, C was elected with 22 votes, and accordingly a resolution was adopted to appoint C as the acting chief executive officer of the plenary session (hereinafter “instant resolution”).

C. The main parts of the Defendant’s principal and principal administration (hereinafter “instant principal administration”) concerning the instant case are as follows.

Part III Members of the Organization and Administration Act, Section 1 of Chapter 3 (Classification of Annual Members) Tradeors [275] Article 75 (Classification of Annual Members) shall be members of the annual meeting to which they belong, and shall be classified into regular members, associate members and collaborative members based on their qualifications and status.

[280] The qualifications for regular members of the annual association under Article 80 (Qualification for Membership) are as follows:

(1) A quasi-member course is completed and the number of cases in question is received. ② A member meeting of the individual church or agency dispatched by the supervisor and passed a public notice of the process established by the Legislative Assembly. ③ A member receives the attendance of a majority of incumbent members and a vote of not less than 2/3 of the members present at the annual meeting of the Qualification Examination Committee on a full basis. ④ A member shall not be a regular member unless there is no obligation to the extent that he/she does not interfere with the performance of his/her duties and the debt guarantee of another person is not granted

2. The debt to the extent that it would interfere with the performance of its duties, or debt guarantee [293] Article 93 (Handling of Trade Persons’ Status] 7th, this shall not apply.

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