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(영문) 대전지방법원 2020.06.10 2019가합106624
유일한후보자지위확인
Text

1. The part of the claim for confirmation of the sole candidate among the instant lawsuit is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. Defendant’s election of chief director 1) Defendant is the Credit Unions Act (hereinafter “Act”).

(2) On December 11, 2018, the Defendant publicly announced that an election of executive officers was held on January 18, 2018 through the public announcement of the election of executive officers on December 29, 2017, and according to the public announcement, the Plaintiff, C, and D completed the candidate registration for the Defendant’s 14th president election. (2) The Defendant Election Commission notified D of the invalidation of the candidate registration on the ground that “a standing director must resign from the position of executive director in order to run for the election of executive officers.”

D) On January 11, 2018, 2018, D filed a lawsuit seeking confirmation of invalidity of the disposition of deprivation of election against a candidate ( Daejeon District Court 2018Gahap100230), and filed an application for a provisional disposition suspending the validity of a disposition of deprivation of election against a candidate ( Daejeon District Court 2018Kahap50013), and on January 17, 2018, the above provisional disposition was accepted, and the decision was made that “the above election shall be suspended until the final decision on the merits of the case of confirming the status of the candidate for the president against D.”

3) Since February 23, 2018, the vice-chief E became the Defendant’s acting chief director, and at an extraordinary general meeting held on September 27, 2019, C was elected as the Defendant 14 chief directors. However, on December 26, 2019, the said extraordinary general meeting was rendered a provisional disposition order suspending C’s performance of duties on the ground that C’s performance of duties becomes null and void ( Daejeon District Court 2019Kahap50531, February 4, 2020), the Defendant notified the members of the opening of the general meeting on February 22, 2020, and at the same time, the election notice was issued at the said general meeting to appoint one chief director.

The plaintiff, C, and F registered the candidate for the above election, and the defendant Election Commission decided on February 21, 2020 that the above election was held separately on March 7, 2020 with the above candidate's consent, and accordingly, the defendant's election was held on March 7, 2020.

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