Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a non-profit incorporated association established pursuant to Article 28 of the Medical Service Act with nationwide herb doctors as its members, and B is the defendant's branch office (hereinafter "B branch office").
B. On January 23, 2015, the Section B held an election for the election of two representatives consisting of the Defendant’s general meeting of representatives (hereinafter “instant election”). Of 140 electors belonging to B, 124 electors of B participated in the voting and thereafter C 46 votes and 39 votes, respectively.
C. On January 25, 2015, the National Election Commission of the District Office B (hereinafter “Chapter B Election Commission”) decided C, the highest number of votes in the instant representatives election, as one representative of the Defendant, under Article 5(4) of the Defendant’s “Rules on the Voting, etc.”, the Plaintiff and D, the oldest representative of which were the Plaintiff, and notified the Defendant (D determined as the Defendant’s preliminary representative).
D argued that the principle of priority for the extension does not apply to the election of the defendant's representatives, and that the branch election commission raised an objection to the above decision, but the branch election commission decided that the "no reason exists."
On February 9, 2015, D, upon the result of a meeting of the National Election Commission, requested a judgment on the election of the representative of this case to the election commission of the defendant (hereinafter "National Election Commission"). On February 9, 2015, D, upon the result of the meeting of the National Election Commission, instructed B to make a resolution on the number of representative branches in accordance with the election result.
E. Defendant-related regulations [Articles of Incorporation] Article 9-2 (Membership Voting) (1) The Chairperson may put a member vote on major policies, decisions, etc. that result in an excessive burden on members or a significant impact on members.
(5) The number of representatives shall be 250 persons.