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(영문) 수원지방법원성남지원 2019.06.13 2017가합405978
선거당선무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 21, 2017, according to the Defendant’s expiration of the Defendant’s term of office, the Defendant was running an election of the branch president (hereinafter “instant election”). The Defendant’s candidate for the Plaintiff and C with each of the 67 votes and 76 votes, and the fact that C was elected as the branch president is not a dispute between the parties.

2. Judgment 1 on the defense prior to the merits of this case) Defendant’s assertion is an incorporated E (hereinafter “E”).

(2) The court below held that the defendant's organization and activities cannot be viewed as an independent non-corporate association separate from the corporation, and it is not a separate organization or organization separate from E, and the defendant's eligibility is not the entity that recognizes C as the elected person of the election of this case is ultimately E, so long as the plaintiff does not seek confirmation from legal relations with E, the lawsuit of this case has no interest in its confirmation. (2) Even if the plaintiff is subject to the corporation's occupational guidance and supervision based on the rules, the decision of the organization and the execution method are based on the majority principles, and the organization continues to exist regardless of the change due to membership or withdrawal, etc. of the members, its affiliated organization can be deemed to be an independent association separate from the corporation, and since the rules governing its organization and activities are not an independent organization or organization separate from the corporation of the upper organization (see Supreme Court Decision 2007Da7973, Oct. 23, 2008). 207).

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