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(영문) 서울중앙지방법원 2017.02.08 2015나49599
부동산인도
Text

1. Revocation of the first instance judgment.

2. The Defendants indicate to the Plaintiff the real estate attached to attached Form 1 on the land outside C and seven parcels at the time of racing.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the design, manufacture, and sales business of automobile industrial parts.

B. Defendant Korea Metal Trade Union (hereinafter “Defendant Metal Trade Union”) is a nationwide industrial trade union composed of workers engaged in the metal industry as its constituent members.

Under the defendant metal labor unions, there are many branches such as Seoul Branch, Daegu Branch, and racing Branch, and there are many branches below each branch.

C. The plaintiff currently has four trade unions as follows.

(1) Defendant metal labor union and its branch (hereinafter “Defendant B branch”) consisting of the Plaintiff’s employees, and is the branch of metal labor union and its branch consisting of the metal union and its branch.

Until 2010, as the only trade union of the Plaintiff, the number of its members exceeds 500, but the number of its members is approximately 100.

(2) A trade union established by converting the D Trade Union into a company-level trade union from an industrial trade union upon the resolution of the general assembly of Defendant B Branch around 2010 (hereinafter “D Trade Union”).

After the establishment of a trade union, the number of union members reached approximately 500. However, the court's decision that the resolution of the general assembly on a structural change is null and void (Seoul Central District Court Decision 2010Gahap124798, Seoul High Court Decision 201Na79540, Seoul High Court Decision 2011Na79540, hereinafter "relevant case") was made by G, H, I, etc., and the majority of union members withdrawn from the E Trade Union, a company-level trade union, around December 2012, and currently five union members remain.

(3) After the judgment in the case related to the E Trade Union, most of the DEU workers consisting of DEU workers and is a company-level trade union established around December 2012, which is approximately 400 members.

(4) As a trade union for a company-level trade union, the number of current union members is approximately 3-4.

The plaintiff is the only one at the time of August 25, 2008.

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