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(영문) 서울고등법원 2017.11.23 2017나2022191
당선무효확인의 소
Text

1. Revocation of the first instance judgment, and all of the plaintiffs' claims are dismissed.

2. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

(2) The lower court, on July 26, 2016, publicly announced the 7th presidential election of the following contents on the agenda items: (a) the election commission constituted an “election commission”; (b) the election of the instant case was held on August 10, 2016; and (c) the period of receipt of candidates was from July 28, 2016 to August 4, 2016; and (c) the election commission organized accordingly publicly announced the 7th presidential election of the following matters:

hereinafter referred to as the "public notice of this case"

1. Special general meeting and election day: August 10, 2016 (number of 10 A.M.).

2. Place of election: Defendant Secretariat; and

3. The due date for registration: Until August 4, 2016, the due date for registration is 12:

8. Candidates: The Taekwondo Association of Seoul and regular members registered with the defendant.

9. Granting of suffrages: Members registered with organizations prior to the publication of elections; 10. Voting rights and voting rights and speaking rights: Persons excluded from being candidates: Article 13 (Closure, 2, and 11. The registration of Organizations of the Seoul Taekwondo Association; Article 14(2) of the Seoul Taekwondo Association; Article 14(2) of the Seoul Taekwondo Association; Article 12 (Disqualifications for Officers) * Other matters related to elections shall be governed by the regulations of the Seoul Taekwondo Association.

4) After that, on July 29, 2016, the Defendant received the membership list consisting of 47 members (F, G, and auxiliary intervenors, etc.) whose total number of 1 members has decreased from the Seoul Taekwondo Association, and the Defendant Election Commission sent the same public notice as the instant public notice on the same day to the Defendant’s members. (C) The Intervenor submitted a letter of resignation and the instant public notice on the same day. (1) On July 29, 2016, the Intervenor submitted a letter of resignation to the Korea Sports Association and submitted a letter of resignation from office to the Plaintiff.

2) On August 4, 2016, the F and the auxiliary intervenor completed the registration of candidate for the Defendant election commission. After that, the Defendant, on August 10, 2016, cast a vote by 43 of the Defendant’s 47 members and cast a vote (G vote).

F 21 votes and 22 votes obtained by the Intervenor, the Intervenor was elected as the 7th chairman of the Defendant.

D. The supplementary intervenor on September 29, 2016 is the defendant's.

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