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(영문) 서울중앙지방법원 2018.12.21 2017가합582799
회원지위부존재확인
Text

1. All of the lawsuits of plaintiffs B, C, and D shall be dismissed.

2. The plaintiff A Association's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. Plaintiff A Association as a party (hereinafter “Plaintiff Association”) is a non-corporate body with the objective of holding F-friendly competitions and various events among its members, and managing its members. Plaintiff B, C, and D are members of Plaintiff Association.

B. (1) The Plaintiff Association constituted an election commission and announced the 7th president election upon the expiration of the term of office of G, who is the 6th president, on September 30, 2016. G and the Defendant issued a decision that “The 6th president of the Plaintiff Association shall be appointed as the 7th president at the election held on August 10, 2016, when the Plaintiff Association was registered as a candidate for the Plaintiff Association election commission.” However, the Plaintiff Association members raised a lawsuit seeking confirmation of invalidation of election and filed a lawsuit seeking a provisional disposition of suspension of performance of duties with the Seoul Central District Court against the Defendant, while the Seoul High Court, which was the appellant of the above provisional disposition, filed a lawsuit seeking confirmation of invalidation of election.” On April 14, 2017, the Seoul High Court, “The Defendant, as the 6th president of the Plaintiff Association, shall not perform its duties as the president of the Plaintiff Association until the final and conclusive judgment on the merits of the lawsuit seeking invalidation of election.”

(2016Ra21170). 3 G was required to attend a meeting of the Emergency Countermeasure Committee to be held on September 15, 2017 as an agent for the president of the Plaintiff Association and appoint members including Plaintiff B, C, and D as an emergency countermeasure committee member, and on September 6, 2017, the Defendant was required to present himself/herself at the meeting of the Emergency Countermeasure Committee to be held on September 15, 2017.

C. The organization and disciplinary G of the Emergency Countermeasure Committee as the president’s acting representative on September 15, 2017, and held an emergency Countermeasure Committee to “Defendant violates the Personal Information Protection Act by acquiring and using G’s personal information without permission; ② the Plaintiff Association’s document without permission; and ③ non-executive officers.

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