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(영문) 광주지방법원 2019.09.06 2019가합50422
당선무효확인
Text

1. The application for intervention by the defendant assistant intervenor shall be permitted;

2. The defendant at the representative meeting on January 11, 2019.

Reasons

1. Basic facts

A. The defendant is a branch of an incorporated association B established for the purpose of sound development of a private teaching institute through friendship and cooperation between its members, and the plaintiff is a member of the defendant.

B. On December 10, 2018, the Defendant: (a) held a general meeting of delegates and held an election of a sub-chairperson; (b) the Plaintiff and the Defendant’s assistant intervenor did not elect the sub-chairperson in accordance with each of the 42 votes.

C. Accordingly, on January 11, 2019, the Defendant again held a representative general meeting and held an election of the sub-chairperson. The Defendant passed a resolution to determine the Defendant’s Intervenor as the elected representative of the Defendant’s sub-chairperson on the premise that the Plaintiff obtained 43 votes and the Defendant’s Intervenor obtained 47 votes, excluding the invalid 1 vote.

(hereinafter referred to as the “instant resolution for election”) D.

The basic date for determining the qualification of representatives entitled to participate in the resolution of the election of this case is November 30, 2018, and the contents related to this case in the defendant's bylaws and election regulations are as follows.

The member of the branch in Article 5 (Membership) of the Regulations shall be the person who has qualifications referred to in Article 6(1) of the Articles of Incorporation and who establishes and operates a private teaching institute within C.

Article 12 (Election of Officers), 12 (Election of Branch and Auditor), 1. The Vice Chairperson and the Auditor shall be elected at the General Meeting of Representatives, and the Vice Chairperson shall be appointed by the Board of Directors of the Incorporated Association with the approval of the Vice Chairperson of the Incorporated Association.

Article 13 (Duties of Officers) (3) Sub-councils shall represent each sub-council and conduct its affairs, and deal with matters delegated by the name of the sub-council chairperson and matters delegated by the board of directors.

Article 18 (Types and Functions of General Meeting) (2) The Assembly of Representatives shall, as the highest decision-making organ of the Branch, adopt the following resolutions:

4. Matters referred to the board of directors.

5. Other necessary matters (4) The regulations seems to have no provision of paragraph (3).

The composition of representatives shall be ex officio representatives, appointment, and appointment.

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