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(영문) 서울중앙지방법원 2017.05.17 2016가합554711
명칭사용금지
Text

1. The lawsuit of the plaintiff A-Woo shall be dismissed.

2. The plaintiff B's claim is dismissed.

3. The costs of lawsuit shall be borne by each person;

Reasons

On the other hand, as mentioned above, the plaintiff B cannot be deemed to be a legitimate representative who has been elected by the board of directors and approved by the general meeting in accordance with the rules of the council set by the plaintiff A natives Association (hereinafter referred to as the "Plaintiff A natives Association"). The lawsuit filed by the plaintiff A natives Association is illegal as it is filed by the non-representative of the power of representation. The defendant's defense on the merits of this point is with merit.

The plaintiffs asserted through the preparatory brief dated January 26, 2017 that if both plaintiffs B and the defendant are not recognized as a legitimate representative of the plaintiff's native folks society, the representative of the plaintiff's natives society should be appointed as D and the plaintiff's claims should be accepted. However, in light of the purport of the plaintiffs' claims, in light of the purport of the plaintiff's claims, the statement of the above preparatory document alone cannot be deemed to have applied for the correction of the party's indication, and the above assertion

Basic Facts

Plaintiff

The native folks society is a native folks society comprised of persons who live or work in a Seoul and Gyeonggi area from among those who were born in E City or graduated from elementary, middle and high schools located in E City.

Plaintiff

The term of office was terminated on February 2015, when Nonparty D was elected as the Chairman on February 2, 2013 and performed the duties of the Chairman on February 2, 2013, but at the time, at the time, Plaintiff D was not elected by the Vice Chairman.

The main contents of the amended Code of May 30, 2013, which was applied at the time when the election of the next president was at issue, are as follows:

Chapter 3 of the Regulations of the Association, Article 6 (Types and Terms of Officers)

1. The central association shall have the following officers:

2. The term of officers shall be limited to two years from the date on which he is appointed; and

Provided, That if a replacement is made in the middle of an officer's vacancy, the remaining term of office of the senior officer shall be the remainder.

Article 7 (Appointment of Officers)

1. The chairperson, vice-chairpersons and auditors shall be elected by the board of directors to authorize the general meeting;

2...

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