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(영문) 인천지방법원 2015.10.23 2015가합52264
종중총회결의 무효확인의 소
Text

1. A resolution on the case of election of the president among the bills set forth in subparagraph 7 set forth at the ordinary meeting of the Defendant on March 21, 2015 is adopted.

Reasons

1. Under the underlying facts, each of the following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the purport of the entire pleadings in the entries in Gap evidence 1, 2, 3, Eul evidence 13-1, 2, Eul evidence 14, Eul evidence 17-1, and evidence 17-2.

On February 27, 2015, the Defendant announced the general assembly of this case that the president and auditors of the clan were elected, and the Plaintiff applied for registration of the chairman’s electoral candidate on March 9, 2015.

B. As to the Plaintiff on the same day, the Defendant Election Commission decided to lose the qualification for the Chairperson on the ground that the Plaintiff falls under Article 13(1)3, 4, and 5 of the Rules of the Religious Association, and notified the Plaintiff of the loss of qualification on March 11, 2015.

C. Accordingly, the Plaintiff did not register as the candidate for the president, and C, the existing president, independently, was elected as the president without voting, after going through the election of the president of the instant general meeting.

The election of the general meeting of this case was elected by D, E, and F as auditors, respectively.

(Bills. 7) d.

In the instant assembly, a resolution was also made for ratification of directors of G, H, I, J, K, K, L, M, N,O, and P, who are candidates for directors recommended by each subdivision of the instant assembly.

(Bills 8, e)

The relevant provisions of the Rules of the Defendant Association, amended and enforced as of February 25, 2012, are as follows:

Article 10 (Appointment of Officers and Employees) (1) The president, directors, and auditors shall be appointed at a general meeting.

(3) When a general meeting is elected by the president or the auditor, the quorum shall not apply and shall be elected in the order of the highest winner.

Article 13 (Qualifications for Executives) (1) No person who falls under any of the following subparagraphs shall become an executive:

1. Incompetent or quasi-incompetent;

2. A person who is sentenced to imprisonment without prison labor or heavier punishment or is in execution;

3. A person who, in fact, loses a family from a judgment of the law by a person who has brought a lawsuit against the clan pursuant to the law, or who denies the clan;

4. A person who denies a legitimate execution book and unlawfully forms or aids the species of life;

5. A person who is under a disciplinary action, shall meet the provisions of Article 16.

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