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(영문) 대전지방법원공주지원 2019.05.15 2019가합20111
조합이사장선거후보등록무효확인
Text

1. The defendant's election commission registered C in the defendant's election of the 27th president as a candidate for the president.

Reasons

1. Basic facts

A. The Plaintiff is a director or a member of the Defendant’s limited partnership company located in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu.

C served as the 25th president of the Defendant from March 1, 2013 to February 28, 2016. From March 1, 2016, C served as the 26th president of the Defendant from March 1, 2016. The term of office expired on February 28, 2019.

B. On February 25, 2019, the Defendant decided to hold the 27th president election (hereinafter “instant election”), and the Plaintiff and C were candidate for the said election. The Defendant’s election commission, upon registration of the candidate with the Plaintiff and C, publicly announced the election day of the instant election and registered matters of the president around February 1, 2019.

C. Article 16 of the Defendant’s Articles of Incorporation provides that “The term of office of the president, vice president, director, auditor, and managing director of this association shall be three years.” The proviso to Article 16 was added to the amendment of the Articles of Incorporation on March 27, 2014, stating that “the term of office of the president may be renewed only once,” and the foregoing amendment was enforced from March 27, 2014.”

On the other hand, at the defendant's extraordinary general meeting held on October 4, 2018, there was a discussion about the amendment of the articles of association, such as deletion of the proviso to Article 16 of the instant articles of association, but the amendment of the said articles of association was resolved to allow anyone to participate in the election of this case without amending the said articles of association. Accordingly, the amendment of the said articles of association was rejected at the above special meeting.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 7 to 9, and the purport of the whole pleadings

2. According to the proviso to Article 16 of the Defendant’s articles of incorporation asserted by the Plaintiff, the president may be reappointed only once. C is employed as the 25th president from March 1, 2013 to February 28, 2016 and completed the first term of office. On February 28, 2016, C is re-electioned to the president and completed the second term of office around February 28, 2019, and thus, he is subject to the foregoing restriction on employment.

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