(영문) 춘천지방법원 원주지원 2017.04.27 2016가합6473

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(영문) 춘천지방법원 원주지원 2017.04.27 2016가합6473

당선무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent private taxi transport business association between the parties (hereinafter “association”) is an association established with the purpose of cooperating with the State’s policies concerning private taxi transport business in Gangwon-do, demonstrating the public interest of taxi transport business, and promoting the common welfare and friendship among the members of the association.

(Article 1 of the articles of association of a cooperative. The defendant is a branch of a cooperative established in B with the approval of the partnership (Article 40 of the articles of association of a cooperative), and the plaintiff is a branch of a cooperative to which the defendant belongs.

B. On October 31, 2016, C, which was the head of the Defendant’s 11th chapter and the Defendant’s 10th chapter of C’s election, was registered as the candidate for the head of the branch office. On November 15, 2016, the Defendant held the election of the head of the branch office and the representative on the second floor of the Defendant’s building located in Gangwon-do.

And as a result of the election, C was elected as the head of the 11st branch office of the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 9, 13, Eul evidence Nos. 1 through 3, 11 through 15, and the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's assertion is that the plaintiff has only the right to vote as a member in the election for the head of the defendant's branch, not the person registered as a candidate for the head

Therefore, the plaintiff has no legal interest in the election result of the head of the defendant's branch, so there is no standing to claim the invalidation of the election.

B. Determination ① Article 43 of the Union Election Management Regulations provides for matters concerning the filing of objection against the invalidation of election, and there is no provision that limits the eligibility to file an objection. ② According to Article 12(1) of the Defendant’s Articles of incorporation, the head of a branch office represents the Defendant. As such, the head of the branch office is in a position to represent all the Defendant members, and the effect of the head of the branch office representing the Defendant belongs to

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