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Reasons
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(영문) 대전지방법원 홍성지원 2018.02.01 2017가합749
총회결의무효확인
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 2, 2017, D, the chairperson of the Defendant Election Management Committee, announced “the election of the head of a Ri according to the expiration of the term of the B” to the residents of B (hereinafter the “instant election of the head of a Ri”) and the election day: On July 9, 2017, the date of the registration of the head of a Ri candidate between the 10:0 o’clock and the 3:0 o’clock from July 6, 2017 to the 7:0 o’clock from July 7, 2017 to the o’clock of the contents of the publication are as follows.

B. On July 7, 2017, the election of the head of the instant Chapter was registered as candidate by the Plaintiff, C, F, and G.

C. The Defendant Election Commission held that the Plaintiff who has reappointed the president E (the name of the village president; hereinafter referred to as the “E president”) and the Plaintiff who has already reappointed the vice president constituted grounds for disqualification of candidate under Article 10(1) and (2) of the Rules of the Defendant Village Association, and provided that C and G were the candidates for this Chapter to residents who attended the village general meeting on July 9, 2017.

G expressed its intention to resign from the candidates for this Chapter at the village general meeting on July 9, 2017, and the defendant election commission announced that C was elected as new representatives of B on the same day.

(e) Rule on the appointment of passbooks and passbooks in Boe-si, and Rule on the Appointment of passbooks and passbooks in the Rules of the Defendant Village Association [Rules on the Appointment of Tongs and passbooks in Boe-si] Article 3 (Procedures for Appointment) (1) The head of Eup/Myeon/Dong shall appoint suitable persons, who fall under Article 2, elected by a village general meeting with the recommendation of this and Tong Development Committee.

[B] The provisions of Article 6 (Executive Officers) of the Village Association shall have the following executive officers:

1. One chairman;

2. One Saemaul leader;

3. One female president;

4. Fifteen development commissioners.

5. Two auditors.

6. Each team leader (1, 2, 3, and 4).

7. Article 7 (Election of Officers) (1) The election of the officers of the plenary session shall be elected by not less than a majority of the members present at the general meeting;

(2) Two auditors shall be village.

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