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(영문) 광주지방법원 2019.07.11 2019가합50668
계원지위확인 및 선거무효확인
Text

1. The part of the plaintiffs' claim for confirmation of the status of a member among the lawsuits against the defendant FF fishing village fraternity and the lawsuit against the defendant G respectively.

Reasons

1. Facts of recognition;

A. Defendant FF fishing village fraternity (hereinafter “Defendant FF fishing village fraternity”) is a fishing village fraternity established under Article 15 of the Fisheries Cooperatives Act as a member of the JJ (hereinafter “J”) who is a member of the said fishing village fraternity and resides in the said area.

B. On April 24, 2013, K appointed Defendant G as an executive secretary at the general meeting of Defendant G at the meeting of April 24, 2013, who was elected as the chief of Defendant fishing village fraternity and performed his duties, and after that, K became unable to perform the duties of the chief of the fraternity and became vacant, K appointed L as a temporary principal without setting a separate term of office on July 28, 2016.

C. L resigned temporarily from February 14, 2018, and J, on March 13, 2018, appointed M as a temporary president by setting the term of office on March 13, 2018 from that date to April 12, 2018.

The convening of M was commissioned respectively by the Plaintiff A andO, K, and P as the chairperson of the N Election Management Committee from the extraordinary general meeting for the election of the chief of the fishing village fraternity held on April 5, 2018.

(Election Commission No. 1). (e) An election commission composed of commission commission as above shall be deemed to be an election commission.

On April 15, 2018, Defendant 27 members of the fishing village fraternity, whose term of office expires, were elected as a representative of the members of the fishing village fraternity pursuant to Article 24(1)2 of the Articles of incorporation of Defendant 1 fishing village fraternity (hereinafter “instant Articles of incorporation”). After that, a resolution was passed to determine the election day of the chief of the fishing village fraternity as August 2, 2018 at an extraordinary general meeting for the decision on the election day of the chief of the fishing village fraternity held on July 10, 2018, on which Defendant 1’s members of the fishing village fraternity were determined as 78.

F. On July 13, 2018, the election commission of the first election commission made a public announcement on July 13, 2018 of the election for the leader of the fishing village fraternity (the election day: August 2, 2018); on July 24, 2018, Plaintiff D and L were registered as a candidate; and thereafter, on August 2, 2018, the election commission made a public announcement on the elected person to the effect that L was elected for the resignation of Plaintiff D’s candidate from the election as of August 2, 2018.

(g)...

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