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(영문) 대전고등법원 2019.05.30 2019나11539
면직무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The court's explanation of this case by the court of the first instance as to this case is identical to the part of the first instance judgment in addition to the part written by the court of first instance as to this case, and therefore, it is citing this as it is in accordance with the main sentence of Article 420 of

(Other, the grounds alleged by the Defendant in this Court while filing an appeal are not significantly different from the allegations in the first instance court, and even if all the evidence submitted in the first instance court is examined, the first instance court that rejected the Defendant’s claim and subsequently accepted the Plaintiff’s claim is justifiable). One of the grounds of the first instance judgment on the parts which the Defendant accepted

B. 5 persons, including D, filed a lawsuit against the bereaved family council on May 29, 2018 seeking confirmation of invalidity of the resolution of the general meeting on April 12, 2018, which had been elected as the president of the 18th bereaved family council. However, the Seoul Southern District Court dismissed the judgment on December 7, 2018. Accordingly, the Seoul Southern District Court dismissed it on December 7, 2018. Further, the above D, etc. filed an appeal against the Seoul Southern District Court 2019Na20025 with the Seoul Southern District Court 2018Kahap20230, and filed an appeal against the Seoul Southern District Court to suspend the performance of duties with the president of the bereaved family council on May 29, 2018. However, the Seoul Southern District Court 2015Da1717184, Apr. 17, 2017.

Article 21 (1) of the Regulations on the Personnel Management of Bereaved Family Council shall be interpreted as "in the case of the head of a branch office, etc. whose term of office is separately prescribed, and the status guarantee shall be guaranteed until the expiration of the term of office unless there are grounds falling under any of the provisions of Article 5 of the above Regulations or Article 17 of the above Regulations, which stipulate the grounds for disqualification for appointment, unless there are grounds falling under any of the provisions

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