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(영문) 서울중앙지방법원 2015.09.17 2015가합536426
이사회 및 총회 결의 무효 확인청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a non-corporate body consisting of graduates from the E University and graduate school of the E University. 2) The Plaintiffs are the Defendant’s regular members, who graduated from the E University.

Plaintiff

B, C, and D were appointed as the Vice-Chairperson of the Defendant on August 1, 2012 by G, the chairman of the Defendant’s 26th president, and the Plaintiff A was appointed as the Secretary-General of the Defendant on August 1, 2015 by H, the chairman of the Defendant’s 27th president.

B. On April 18, 2006, the Defendant convened a temporary board of directors and a general meeting on April 18, 2006, and enacted the Defendant’s election rules and the election commission regulations (hereinafter “instant election rules”).

3) The Defendant’s bylaws and the key contents of the instant election regulations are as indicated in the attached Table. C. The Defendant held a board of directors and a general meeting to elect the president in 2007 and elected the J as the chairman of the Defendant’s 24th National Assembly.

2) G was elected as the Defendant’s 25th president in 2009. G was elected as the Defendant’s 26th president in the Defendant’s 2009. G was selected as the Defendant’s 26th president at the Defendant’s board of directors and the 26th president at the Defendant’s general meeting held on March 28, 2012, and K was appointed as the chief vice president from G around that time. Article 8 and 26 of the instant election rules provide that “The person elected as the president shall pay the total amount of KRW 60 million by the day preceding the relevant year’s L event, and if not, the effect of the election of the president ceases to exist.” G did not pay the development fund in full by December 10, 2012, which was the day preceding the L event in 2012.

On October 4, 2013, the Defendant Election Commission publicly announced the candidate registration to elect the chairman of the 27th National Assembly on October 4, 2013, but on the other hand, the candidate registration closing date.

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