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(영문) 인천지방법원부천지원 2019.01.25 2018가합595
등록증 원인무효
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. An incorporated association E (hereinafter “E”) is a corporation established with the aim of contributing to social development, such as enhancing the rights and interests of senior citizens, promoting their welfare, and volunteer activities. According to Article 38(1) of the E Articles of Incorporation, E shall have a federation in Seoul Special Metropolitan City and Metropolitan Cities/Dos, and shall have a branch in each Si/Gun/Gu, and a group of senior citizens shall be a group

The defendant is a sub-branch under E, and the articles of incorporation, regulations on operation of local organizations, etc. shall apply to its organization and operation.

Meanwhile, according to Article 5 (5) of the E Local Organization Operation Rules, the head of the center for senior citizens shall register with the relevant sub-council and report it to the head of the federation

B. On September 17, 2016, the fourth chairperson G of the FD apartment center under E (hereinafter referred to as the “existing senior citizen center”) was at the expiration of the term of office ( October 27, 2016), and on September 17, 2016, the period of candidate registration was publicly announced on the 21st day of the same month and the 24th day of the same month.

C. On September 21, 2016, the Defendant notified the existing senior citizens center of the fact that “A public notice shall be given 10 days prior to the election day according to the E articles of association, etc., and shall undergo procedures such as organizing an election commission and preparing a list of electors.” On September 21, 2016, the Defendant notified that “If an election is held without complying with the direction of the branch and the articles of association, it shall not accept the result of the election at the branch.”

G et al. failed to comply with the direction of the branch, and the plaintiff was elected as the chairperson of the center for senior citizens in the special meeting held on September 24, 2016.

Accordingly, on November 2, 2016, the Defendant ordered the existing center for older persons to hold a reelection in compliance with the articles of incorporation, but the existing center for older persons did not comply therewith, and revoked the registration of the existing center for older persons on November 8, 2016.

E. On November 19, 2016, senior citizens, such as C, etc., shall hold a new meeting and an inaugural general meeting for the establishment of a new senior citizen center.

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