(영문) 서울중앙지방법원 2021.01.21 2018가합568431

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(영문) 서울중앙지방법원 2021.01.21 2018가합568431

조합원 지위 확인의 소

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1. Ascertainment that the Plaintiff is the Defendant’s member.

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

Reasons

1. Indication of claims: To be as shown in attached Form 1 “the cause of the claim”.

2. Judgment deemed a confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Supplementary judgment as to the defendant's representative

A. On August 18, 2016, the head of the Defendant’s partnership submitted a written confirmation to the effect that he/she resigned from the head of the Defendant’s partnership and returned the received complaint as he/she has no power of representation, and that he/she did not submit a written reply disputing the cause of the claim and did not appear on the hearing date

B. Article 20(3) of the Articles of Incorporation of the Defendant Union (Rules) provides that “In the event that an officer resigns or is dismissed under paragraphs (1) and (2), a new officer shall be immediately elected in accordance with the appointment procedure, and the former officer shall perform his duties until the new officer is appointed or is dismissed.

In addition, Paragraph 4 of the same Article, if, in the case of Paragraph 3 of the same Article, it is deemed inappropriate for an officer resigned or dismissed to perform his duties until he is appointed or appointed a new executive, he shall suspend his duties in accordance with a resolution of the board of directors or the board of representatives, and the president of the partnership may temporarily appoint a person to perform the duties of an officer.

However, Article 18(2) provides that the head of an association may temporarily appoint a person to perform the duties of an executive officer during the period of resignation or dismissal or suspension of his/her qualification under Article 18(2).

Therefore, even if Defendant C issued a resignation letter to the board of directors on August 18, 2016, even if the head of the association, even before the head of the association is elected by the head of the new association or the head of the temporary association is appointed by the auditor, C is required to perform the duties of the head of the association. There is no other evidence to recognize that the head of the new association was elected or that the head of the temporary association was appointed, C is still entitled to represent the

유사 판례

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