logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2019.01.17 2018가합11887
선임결의무효확인등
Text

1. The part of the claim for nullification of operational regulations among the instant lawsuit is dismissed.

2. The plaintiff except the above dismissed part.

Reasons

1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1 through 5 (including paper numbers, the same shall apply hereinafter);

(i) the entry in Category B(1) and the purport of the entire pleading

A. The defendant is a non-corporate body, the members of which are the managers who obtained D business permission in leisure time or their spouses, and the plaintiff is the defendant's member.

B. On February 10, 2015, the 18 representative of the Defendant made a resolution to select C as the head of the Defendant’s branch office (hereinafter “instant resolution”).

C. The Defendant’s articles of association and Defendant’s management regulations related to the instant case, the Articles of association, Defendant’s management regulations, and the National Federation, the National Federation’s Association, the National Federation’s Association, and the Election Management Regulations applicable to the Defendant, are as specified in the attached Table.

2. The assertion and judgment

A. According to the Plaintiff’s alleged election management regulations, only the representatives become the electors of the election (the branch director, the head of the site, the operating committee, etc.) (Article 4(1) of the Election Management Regulations), and Article 22(2) of the Defendant’s Operational Rule (hereinafter “instant provision”) provides that the steering committee shall elect representatives. As such, the instant provision allows the members selected by the representatives to constitute a mutual-contincence relationship with the representatives, thereby allowing them to participate in the election of the Defendant’s general members.

① Therefore, the instant provision is null and void since it is contrary to the nature of an association by deprived of the minimum right of organization held by the general members of the non-corporate association, and ② invalid resolution of this case is null and void.

B. We examine ex officio the determination of the claim to nullify the invalidity of the provision of this case, and the subject of the lawsuit for confirmation must be against the existence of specific rights or legal relations. Thus, the validity of general, abstract laws or regulations itself as a lawsuit for confirmation.

arrow