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(영문) 서울동부지방법원 2014.02.11 2013가합103627
회장선거무효 확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant Association is an incorporated association established pursuant to the regulations on the establishment and supervision of non-profit corporations under the jurisdiction of the Ministry of Culture, Sports and Tourism and Cultural Heritage Administration with the purpose of holding and participating in international F Games. The plaintiff A is a member of the defendant Association who has served as the director and the secretary general of the defendant Association from January 26, 2005 to January 16, 2009, and the plaintiff B is a member of the defendant Association who has served as a director of the defendant Association; the plaintiff C is a sports-for-all director of the defendant Association; the plaintiff C is a member of the defendant Association's daily sports-for-all; and the plaintiff D is a representative of the defendant Association as the chairman and the acting representative on the authority of the Governor of the Financial Association of Jeollabuk-do.

B. On January 25, 2013, the Defendant Association held a regular meeting of delegates and held an election to elect the 9th president (hereinafter “instant election”). In the instant election, G and the 8th president of the Defendant Association (hereinafter “instant election”). From among the 16 representatives and agents with voting rights, 15 persons among G and the 16 representatives with voting rights were participating in a secret vote, G was elected as the 9th president of the Defendant Association, and H was elected as the 9th president of the Defendant Association.

C. Of the articles of incorporation and the regulations on election management of the Defendant Association, the parts relating to this case are as follows.

[Articles of Incorporation of the Defendant Association] 10 (Officers) The Association shall have the following officers:

1. One chairman;

2. Not less than 14 and not more than 27 directors including several vice-chairpersons; and

3. Two auditors (Election of the President) 1. The president shall be elected at a general meeting;

(2) The method for election of the chairperson shall be as follows:

1. The election of the chairperson shall be carried out by an indefinite vote and shall be elected by obtaining a majority of the delegates present;

(3) Except as otherwise expressly provided for in this Regulation, matters necessary for the election of the Chairperson shall be determined separately by this Association.

Article 13 (Appointment Officers) (1) The Vice-Chairperson and directors shall be appointed at a general meeting from among the persons recommended by the Chairperson.

Article 14 (Disqualifications for Officers) (1) of the Republic of Korea

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