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(영문) 광주지방법원목포지원 2019.11.05 2019가합10076
지회장 지위확인
Text

1. A resolution adopted by the Defendant’s assistant intervenor as the president of the branch of the Defendant among the resolutions adopted at the special general meeting of the Defendant on January 10, 2019.

Reasons

1. Basic facts

A. (1) Around March 2016, the Plaintiff was elected as the chief vice-chairperson of the Defendant’s board of directors at around March 2016, and on May 12, 2016, the Defendant’s president was appointed as the chief vice-chairperson.

(2) On December 13, 2018, before the expiration of the term of office of the second executive organ, the Defendant held an extraordinary general meeting (hereinafter “first executive organ”) and held a vote at the agenda to refer the Plaintiff, who is the chief vice-chairperson of the branch office, to the third branch president. Of the 108 total members, 86 persons among the 108 total members participated in the voting, who are 42 persons among the 108 total members were urged to the Plaintiff as the chief executive organ, and the remaining 44 persons were opposed to the voting.

(3) On December 13, 2018, the Defendant held a board of directors and resolved to hold an extraordinary general meeting on January 10, 2019 to proceed with the next election of the president of the next branch in accordance with the proviso of Article 38(2) proviso of the Articles of Incorporation of the Association B (hereinafter “instant Association”). After discussing whether the Plaintiff is re-appointed as a candidate for the next branch president or whether an election is held, the Defendant held an extraordinary general meeting on December 10, 2019.

(hereinafter “the instant resolution of the board of directors”). (4) Accordingly, the Defendant held an extraordinary general meeting (hereinafter “the instant second general meeting”) on January 10, 2019 and held a pro-con vote against the Defendant’s Intervenor who was withdrawn as a candidate for the branch president, and 50 of the total members of the electoral registry (hereinafter “the instant second general meeting”), among 97 members, participated in the vote and participated in the vote and participated in the vote for 49 votes and opposing 1 votes, and the Defendant’s assistant intervenor was elected as the Defendant’s third branch president.

(hereinafter “Resolution of the Second General Meeting”). (b)

(1) Article 20 of the Election Management Regulations, Article 9 of the Establishment and Operational Rules of the Association of this case, etc. shall be elected at the local assembly, and 15 of the above representatives shall be elected at the local assembly, and 10 of the directors who are not the head of the local assembly among the above representatives shall be elected in the order of majority votes.

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