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(영문) 대전고등법원 2020.04.29 2019나16145
선거무효 확인등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The Korea Sports Council established under Article 33 of the former National Sports Promotion Act (amended by Act No. 13246, Mar. 27, 2015) and the Korea Sports Council established under Article 7 of the Korea Sports Promotion Act (Gu National Sports Council) was integrated into the Korea Sports Council in 2016.

(2) Accordingly, on June 10, 2016, the former City/Do (hereinafter “C”)B Association and D Association constituted an integrated promotion committee on March 2016, and on June 10, 2016, the following: (a) the representative of the seal registered with the Association (Gu) and the representative of the unregistered site, the report of sports facility business of which is completed under the Installation and Utilization of Sports Facilities Act; and (b) the 89 persons including the representative of the seal registered with the Association and the representative of the unregistered site, the report of sports facility business of which is completed under the Installation and Utilization of Sports Facilities Act, were selected as the Chairperson by conducting an election of the Chairperson on June 24, 2016.

(B)The European Association and D Association are dissolved on July 13, 2016 and on the 15th day of the same month through each Assembly, and were integrated into the defendant on July 16, 2016 through an integrated inaugural general meeting.

The defendant is a subordinate organization of the incorporated association E (hereinafter referred to as the “E Association”) and is a subordinate organization of the C/Si Sports Association in the region, and the E Association is a member business group of the Korea Sports Council.

On July 20, 2016, the defendant applied to the Korea Sports Council for the F's election as the president. However, on December 12, 2016, the Korea Sports Council rejected F's approval on the ground of the F's illegal election campaign.

F On January 6, 2017, the Republic of Korea filed a lawsuit against the Korea Amateur District Court against the Seoul Eastern District Court (2017Gahap100121) on the ground that the said court rendered a judgment dismissing F’s claim on July 20, 2018, and the said judgment became final and conclusive.

On the other hand, on February 19, 2017, the Defendant decided to organize a temporary steering committee at the temporary general meeting of the representatives present by 57 of the said voters among 89 voters, and accordingly, elected one person in each area on February 27, 2017 and constituted an temporary steering committee.

Defendant Provisional Operating Committee on April 26, 2017

5. 15.15.

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