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(영문) 서울중앙지방법원 2017.05.17 2017가합511575
명칭사용금지
Text

1. The lawsuit of the plaintiff A-Woo shall be dismissed.

2. The plaintiff B's claim is dismissed.

3. The costs of lawsuit shall be borne by each person;

Reasons

The plaintiff B cannot be viewed as a legitimate representative of the plaintiff Aropos association (hereinafter "the plaintiff Aros association"), as stated in the judgment on the defense before the merits. The lawsuit brought by the plaintiff Aros association is illegal as it is brought by a person without the power of representation. The defendant's defense pointing this out is with merit.

Basic Facts

Plaintiff

The native folks society is a native folks society comprised of persons who reside or live in a Seoul and Gyeonggi area from among those who were born at the local level or graduated from elementary, middle, and high schools located at the local level.

Plaintiff

The term of office was terminated on February 2015, when Non-Party E was elected as the Chairman on February 2, 2013, and Non-Party E was appointed as the Chairman on February 2, 2013, but at the time, Plaintiff E was not elected.

At the time of the issue of the election of the next president, Plaintiff B was elected as the president of the next president of the next president meeting on July 27, 2016. However, on March 25, 2016, the amended rules (No. 1-3 of the Rules) stating that the Plaintiffs were the rules of the next president meeting, which were applied at the time of July 27, 2016, are also decided to appoint the president at the request of the president or the president at the request of at least 1/3 of the directors (Articles 10(3) and 14(2) of the Rules). Plaintiff B was elected as the president of the board of directors held by F, who was the president of the board of directors held by F, whether the Plaintiff B has legitimate power of representation or not, namely, whether F has the authority to hold the above board of directors, and whether the Plaintiff was a legitimate person elected as the president of the next president.

The main contents of the amendments made on May 30, 2013, which were applied in the Act, are as follows:

Chapter 3 of the Regulations of the Association, Article 6 (Types and Terms of Officers)

1. The central association shall have the following officers:

2. The term of officers shall be limited to two years from the date on which he is appointed; and

Provided, That if a replacement is made in the middle of an executive officer's vacancy, the remaining part of the appointment.

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