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(영문) 서울동부지방법원 2016.05.19 2015가합4595 (1)
회장인준통지
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is an incorporated association established to widely disseminate to the people of traditional games, and to support and foster C and its affiliated organizations. The defendant is an incorporated association established with the aim of promoting sports campaigns to improve the physical strength of the people by promoting school sports and sports for all, promoting the improvement of the physical strength of the people, supporting and fostering sports organizations affiliated with the defendant, and contributing to the enhancement of national prestige by fostering excellent athletes.

Meanwhile, on June 22, 2014, an incorporated association D (hereinafter “D”) approved the Plaintiff as a member body of the Plaintiff at the General Assembly of Representatives, and became the Plaintiff’s representative.

B. 1) On April 17, 2015, E, the former president of the Plaintiff, resigned from the Plaintiff’s office. 2) On May 19, 2015, the Plaintiff held a board of directors and passed a resolution to elect the next president at the temporary representative meeting on June 4, 2015. Around that time, the Plaintiff notified representatives other than D of the holding of the said temporary representative meeting.

3) On June 4, 2015, the Plaintiff elected B as the president at the extraordinary meeting of the delegates, which did not grant the power of representatives to D on June 4, 2015. On June 15, 2015, the Plaintiff requested the Defendant to grant its approval. Accordingly, on July 2, 2015, the Defendant rejected its approval on the ground that “The provisional meeting of the delegates on June 4, 2015 is null and void since it was due to procedural defects in granting the power of representatives to D approved by the temporary meeting of the delegates at the extraordinary meeting of the delegates on June 22, 2014, due to which the Plaintiff did not grant the power of representatives at the regular meeting of the delegates, the Plaintiff shall hold a board of directors on July 3, 2015, to invalidate a resolution of election of the president at the temporary meeting of the delegates on June 4, 2015, to grant the Plaintiff a temporary qualification and election of the representatives at the meeting of the delegates on June 25, 2015.

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