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(영문) 서울중앙지방법원 2019.07.19 2018가합548161
징계처분취소의 소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is an incorporated association established for the purpose of providing guidance and education to improve the quality of members and real estate-related employees. The Plaintiffs, as their members, served as the representatives of the 10th unit (term: from April 16, 2013 to April 15, 2016) and the 11th unit (term: from April 16, 2016 to April 15, 2019).

B. 1) The Defendant held the first president election on November 25, 2015, and D was elected as the president. 2) The Defendant, the tenth president of the Defendant, was a candidate for the 11st president election, but failed.

E, immediately after the above election, ordered the auditor F and G to conduct an occasional audit of the voting and ballot counting of the 11th Chairperson election.

3) On December 1, 2015, H demanded the Defendant to peruse and disclose data on the current status of members of each branch office in which the right to vote was created due to payment of membership fees between October 1, 2015 and October 23, 2015, and on the current status of ballot counting by nationwide branch office, etc., and demanded the Defendant to peruse and disclose the data for the same purpose even on December 2, 2015, stating that “the current status of members of each branch office in which the right to vote was created due to the payment of membership fees was paid” and “the current status of ballot counting by nationwide branch office”. However, on December 18, 2015, H demanded the Defendant to read and disclose the data on “the name of members of the Gyeonggi Northern Site Department in which the right to vote was created due to the payment of membership fees in September 2015 and whether their members paid membership fees in October 10, 2015.” The Plaintiffs and the Defendant’s principal office’s seal was kept from the Defendant’s main office under the opening of ballot.

5) The Defendant’s Emergency Representatives’ Meeting held on December 7, 2015 (hereinafter “Meetings of December 7, 2015”) refers to the Defendant’s Emergency Representatives’ Meeting.

(1) The ballot box shall be opened with the seal of the 11st Chairperson in the supervision of the auditor.

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