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(영문) 서울남부지방법원 2016.06.23 2015가합109103
회장당선무효 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a juristic person composed of F and established by F law. The plaintiff is a member of F, who is the defendant's member.

B. Defendant 11’s election of the 11st president and the result 1) The Plaintiff is the Defendant’s election of the 11th president on May 31, 2014 (hereinafter “the 1st election”).

A) A candidate was not registered on July 16, 201 because of the existence of the grounds for disqualification. C maintained the 10th president positions with the Defendant’s 10th president on July 15, 201 (the expiration of the term of office on July 15, 2014) and paid a deposit of KRW 10 million to the Defendant election commission in the instant primary election. 2) In the instant primary election, 48 of the Defendant’s 64 members at the Defendant’s general meeting, and G chairman of the election management commission explained that the election management commission needs to be elected even in the case of a single candidate under the election management regulations, the method of election was explained to the 64 members at the Defendant’s general meeting.

3) Accordingly, Article 12 of the Election Management Regulations is a large number of persons, and only one candidate is appointed as the chairperson, I agree with only one of them. C is sufficient for some of the Defendant delegates to be able to independently and solely to vote without the need to vote. The Defendant Representatives asked the participants to agree to the E’s opinion, and declared that C was elected as the 11st chairperson, and that D and E was again elected as a candidate for the audit and inspection. 4) After which G was recommended as a candidate for the audit and inspection, G and E was declared to have been elected as the auditor.

C. The Plaintiff’s filing of a lawsuit seeking invalidation of the election and the Defendant’s re-election 1 is null and void for the Defendant’s winning C from the first election to the 11st president, and D and E as an auditor.

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