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(영문) 서울고등법원 2015.09.15 2014나24534
징계처분무효확인 등
Text

1. Of the judgment of the court of first instance, the part against Plaintiff B shall be revoked, and the above Plaintiff’s lawsuit shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. Party status 1) The Defendant is a large-scale class with descendants who jointly set up D as a joint group, and Plaintiff B’s clan (hereinafter “Plaintiff’s small-scale class”).

(2) The plaintiff A is a member of the defendant's clan, among descendants of D's descendants, comprised of descendants who jointly set up E, and is one of the members of the defendant's clans. 2) The plaintiff A was a general secretary of the defendant's office from July 1, 2004 to April 30, 2009, as each member of the defendant's and the plaintiff's clans.

B. On December 1, 2009, the Defendant issued a disciplinary action (hereinafter “the first disciplinary action”) against the Plaintiff A, and the first disciplinary action against the Plaintiff and the judgment to nullify the first disciplinary action, and the Defendant rendered a disciplinary action (hereinafter “the first disciplinary action”).

The grounds for the disciplinary action are as follows.

① With respect to the lease of the building in Gangnam-gu Seoul, Seoul (hereinafter “the instant building”) owned by the Defendant, the provisions of Article 5 of the Regulations and Articles 11 and 22 of the Rules on the Disposal of Permanent Affairs were violated. ② The main sentence of Article 12 of the Building Lease Agreement, despite the provision prohibiting sub-lease, is an exception where the lessee seeks prior written consent from the Defendant and the Defendant approves it in writing.

The phrase "" inserted the proviso, and further issued a letter of consent to sub-lease without the resolution of the operation of the clan or of the board of directors, without the receipt of a written request for the lessee's consent to sub-lease under this proviso.

③ Plaintiff A continuously suffered enormous loss in terms of the profits of clan property, which was agreed upon for a period of five years beyond its term of office.

B. The provisions relating to the primary disciplinary action are as follows:

▣ 회칙 제5조 본회 회원은 회칙을 준수하며 회의의 의결사항에 순응하여야 한다.

Article 27 (2) If a member violates the rules of the plenary session or defames the honor of the plenary session, the chairperson.

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