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(영문) 서울고등법원 2019.01.24 2018나2028387
회원지위확인의 소
Text

1. All appeals filed by the Intervenor against the Defendant are dismissed.

2. The costs of appeal are assessed against the Intervenor.

Reasons

1. Basic facts

A. 1) The Defendant is a non-corporate body established around March 8, 1982 for the friendship of the Chinese Republic of China residing in Korea, and based on its unique purpose and rules, such as the improvement of cultural well-being of its members, it is a general assembly which is a decision-making body, an executive body, and an organization of the president, a representative of the executive body, etc., is organized and operated. 2) The Plaintiffs seem to have up to 27 members of the R as of November 12, 2015.

As a result, the defendant was admitted to the membership of the defendant through the resolution of the chairperson's general meeting and the resolution of the general meeting, and the defendant joining the defendant (hereinafter referred to as the "participating") is asserting the status as the defendant's member.

around December 2013, R's member, who is not the defendant's member, includes 14 plaintiffs, including 13 plaintiffs.

(3) On August 10, 2013, the Intervenor P, and Q, who held office as the chairperson of the Defendant from April 2003 to August 2013, are the Defendant’s members, and the Intervenor P, as the Defendant’s member, is in office as the auditor of the Defendant, and the Intervenor Q, the Intervenor Q, as the Defendant’s member. (B) On August 10, 2013, the Defendant’s 7 Chairperson Election was elected as the Defendant’s chairperson. On August 10, 2013, S was elected as the Defendant’s president. On the election of the Defendant’s 7th Chairperson, S was designated as the head director, the finance vice-chairperson, T as the vice-chairperson, U, V as the vice-chairperson of internal affairs, and W

Since then on August 24, 2013, S received the transfer system from the IntervenorO, who was the former Chairperson, and began to perform its duties as the Chairperson.

2. Meanwhile, in the Defendant’s 7th presidential election, P was elected as the Defendant’s auditor at the time of the Defendant’s 7th presidential election, and P was appointed as the Defendant’s senior vice-auditor, YY, ZY, and AA and AB as the senior vice-auditor immediately after the Defendant’s election.

C. On December 11, 2013, by convening S of the 18th Chairperson Meeting.

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