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(영문) 창원지방법원 2014.07.17 2013가합32437
선거무효확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is an incorporated association established to develop local communities and promote culture in accordance with the Promotion of Local Cultural Institutes Act, and the plaintiff is a member of the defendant.

B. 1) A resolution to dismiss all directors was issued on December 31, 2012 by the Defendant’s president (appointed as the representative), and D, at the time, was appointed as the president’s acting director in accordance with the provisions of the Defendant’s articles of incorporation. 2) D, on April 1, 2013, as for the Defendant’s members, “the approval of the business plan and the settlement of accounts in 2012,” “the approval of the partial amendment of the articles of incorporation, the case of the approval of the partial amendment of the regulations for the election of officers, the case of the partial amendment of the regulations for the election of officers, and the case of the election of officers, etc., was notified of the opening of the ordinary meeting in 2013. Accordingly, D, on April 16, 2013, submitted a resolution of non-Confidence for all directors of the Defendant from the general meeting held as the president to other agenda.

3) On May 15, 2013, E and F, the Defendant’s directors of the above resolution of dismissal, asserted that the Defendant had failed to make a meeting and failed to meet the quorum for the resolution of dismissal, filed a lawsuit seeking confirmation of invalidity of the resolution of dismissal, and won a favorable judgment on May 15, 2014, and the Defendant’s objection and continued to stand in the appellate court [the 2014Na1815]. An election management commission member was elected on May 15, 2013 for the Defendant’s members as “the case of election management commission members, the case of holding the second special meeting, the case of holding the second special meeting, and the case of holding the defective reorganization members,” and accordingly, the Defendant’s 2013 amendment of the articles of incorporation, including G and H, the case of 2013 amendment of the articles of incorporation, were elected from June 3, 2013 to 30.

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