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(영문) 의정부지방법원 2017.05.26 2016가합56271
조합장당선무효확인
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The defendant is the B City Partnership under the Gyeonggi-do Private Passenger Transport Business Association established pursuant to Article 53 of the Passenger Transport Service Act, and the plaintiff is the defendant's member.

B. (1) On August 31, 2016, upon the expiration of the term of office of the former president of an association, the Defendant published an election for the election of the head of the association and one representative of the Do, two auditors, and fifteen representatives of the 15 representatives, and C, which was the Plaintiff and the former president of the association, applied for the registration of candidates for both the head of the association and the Do representative.

(2) According to the above public notice, the Defendant (hereinafter “instant election”) held an election on September 9, 2016 (hereinafter “instant election”) and held a total of 791 electors, and (i) won of the valid votes 722; (ii) Plaintiff 274; and (iii) won of the valid votes 694; and (ii) won of the votes 274; and (iii) was elected as the head of the partnership; and (iv) the chairman of the election commission immediately announced it to the Defendant

C. The articles of association and election management regulations of the Gyeonggi-do Private Taxi Transportation Business Association related to the instant issue, and the Defendant’s management regulations are as follows.

Article 9 (Rights)

1. A member shall have the following rights in relation to a cooperative:

(2) Members of a Si/Gun/Gu association shall observe the following subparagraphs for the unity of all union members and the smooth operation of a cooperative, among the union members of the Si/Gun/Gu association:

3. Payment of cooperative fees, Si/Gun operating fees, welfare membership fees, and other public imposts. Article 12 (Imposition of Expenses)

5. Si/Gun operational expenses, welfare membership fees, and other expenses may be imposed and collected according to a resolution passed at a general meeting of the relevant cooperative according to the actual conditions of the cooperative for the operation of the cooperative and the improvement of its members;

Article 14 (Presidents of Cooperatives, Heads of Branches, Representatives, and Heads of Branch Offices of North Korean Branch Offices)

1. Si/Gun associations shall elect one presidents of each Si/Gun according to the regulations on the election management;

3. The heads of cooperatives and branches shall be full-time representatives per year.

Article 16 (Method of Withdrawal)

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