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(영문) 대구고등법원 2018.09.07 2017나21405
지위권확인
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Korean Federation (hereinafter “Federation”) was established to promote mutual friendship and public welfare among national accommodation businesses, and the Defendant is the C Branch of the Federation.

B. On February 4, 2016, the Defendant’s board of directors held a representative general meeting elected by the Defendant’s branch on February 29, 2016, and decided to organize the Election Commission (the Chairperson E, Vice-Chairperson F, and Members G) and appointed 54 representatives.

C. On February 29, 2016, the Plaintiff and I, a member of the Defendant, registered as a candidate for the election of the president of the branch. On February 29, 2016, at the Defendant’s General Meeting of Representatives (54, 46 out of 54 representatives), the Plaintiff and I, a member of the Defendant, decided as the elected person, I who obtained the majority of the Plaintiff’s votes with 29 votes and 17 votes

(hereinafter the above election is referred to as “instant election,” and the above election resolution is referred to as “instant election.”

On March 9, 2016, the Plaintiff filed an objection against the instant election on the ground that I made an illegal election to the Chairperson of the Defendant Election Commission.

On March 11, 2016, the chairman of the election commission of the defendant notified the plaintiff and I that the election of the president in the instant election is invalid.

E. On April 14, 2016, the Chairperson of the Defendant’s Election Commission notified the Defendant’s representatives to hold an emergency representative meeting on April 29, 2016 to hold a re-election to elect the president of the branch of the Defendant.

The plaintiff was run independently in the reelection, and the chairperson of the defendant election commission attended 17 representatives on April 29, 2016, and the plaintiff tried to declare the election without voting on the ground that he was a single candidate at the representative general meeting held, but the plaintiff was not declared as the winner against the representatives.

F. The Articles of Incorporation, Election Management Regulations, and Operation Regulations (hereinafter collectively referred to as the “Federation Regulations”) concerning the instant case are as shown in the attached Table B of Incorporated Association.

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