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(영문) 대구지방법원 2017.01.20 2016가합205162
지위확인의 소
Text

1. The plaintiff confirms that he is the president of the Korea Lodging Federation B branch offices of the incorporated association.

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

Reasons

1. Indication of claim;

A. The Defendant is a juristic person with the aim of promoting friendship and rights and interests among accommodation business operators across the country. The Plaintiff is a member of the Korea Lodging Business Federation B branch of the Korea Lodging Association (hereinafter “B branch”) as an incorporated organization under the Defendant’s control.

B. In the presidential election held on February 29, 2016 by the branch, the Plaintiff obtained 29 votes and 17 votes in the next order C, and the B branch election commission declared the Plaintiff’s election.

C. On March 11, 2016, the chairman of the branch election commission D, without the consent of other members, notified the Plaintiff of the confirmation of invalidity of the branch election, which is invalid as it violates the election management regulations.

In addition, on April 29, 2016, E held an extraordinary general meeting and elected E as the chairman of the Emergency Countermeasure Committee, which is also invalid as it violates the provisions concerning convening an extraordinary general meeting of the articles of association.

The plaintiff was legitimately elected to the branch president of the sub-branch, but there was a dispute as to whether the plaintiff is the branch president of the sub-branch. As seen earlier, the plaintiff seeks confirmation as the president of the sub-branch.

2. Judgment based on the admission of confessions (the defendant submitted a written reply demanding the dismissal of the complaint with the delivery of the complaint and the submission of a written answer demanding the dismissal of the complaint, but the plaintiff did not appear on the date of pleading without stating the substantial contents disputing the plaintiff's claim, and thus, it is deemed that the plaintiff's assertion was fully led to the confession of the plaintiff's assertion in whole pursuant to Article 150

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