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(영문) 서울동부지방법원 2017.04.13 2016가합103826
당선무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a person who runs an artificial fishery business by making a store store No. 123 located in the B shop located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant commercial building”), and Defendant prosperity is an organization established to promote friendship and exchange of information, establish order in commercial transactions, and secure business districts of the instant commercial building occupants.

5. Eligibility as candidate: A person who has no ground for disqualification from the following matters. (1) A person who resides as a member of a prosperity association for at least one year as at the date of public announcement:

7. Term of office: Three years from the date of announcement of election - Where there are only one candidate, the election shall be decided with the consent of a majority of the number of voters participating in the voting, and where there are two or more persons, the defendant prosperity shall be elected (Article 25 of the Regulations) on March 2, 2016, on which the candidate registration period, candidate qualification, etc. are entered, and the election of the chairperson and auditor of the defendant prosperity shall be publicly announced, and the main contents thereof shall be

On April 14, 2016, the election commission of the defendant prosperity Association publicly announced that the regular general meeting consisting of the chairperson and the auditor elected was held on April 21, 2016, and on April 21, 2016, the defendant prosperity association held an election for the election of the chairperson and the auditor (hereinafter referred to as “instant election”) in accordance with the above public announcement on April 21, 2016, and C obtained 33 votes in the total voting number of 44 votes, and the defendant prosperity decided C as the elected person.

(hereinafter referred to as the “instant decision”). One store (one business entity, even if a number of stores are combined, shall be the one business entity) delegated by the building owner located in the instant commercial building (a lessee) under Article 4 (Qualifications for Members) of the Rules of the Defendant Macyoung Association, and the business entity whose representative is a member shall be naturally a member.

Article 5 (Joining Members) One representative per store (one business entity even if multiple stores are combined), one person shall be granted membership per year, in accordance with the rules, and the membership shall be naturally deprived at the time of retirement.

Article 6 (Rights of Members) Members of the Commercial Building Subdivision shall be as follows:

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