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(영문) 인천지방법원부천지원 2019.01.16 2018가합102972
지회장임명무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic facts C organizations (hereinafter referred to as "C organizations") are corporations established under the Act on the Establishment of Organizations, such as Persons of Distinguished Services to the State, and the plaintiffs are members of the C organizations belonging to the Busan Branch of Gyeonggi-do Branch of the C organizations (hereinafter referred to as "the branch of this case").

The Plaintiff is a person who served as the president of the instant sub-chapter from May 20, 2014 to May 10, 2018, and the Defendant is a person appointed as the president of the instant sub-chapter from D pursuant to Article 26(2) of the C organization’s Articles of Incorporation on May 12, 2018.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 8, 9, and the purport of the whole pleadings] The plaintiff's alleged C organization held a general meeting of 2018 for the election of the chairman and officers of the 18th National Assembly on April 12, 2018, and E passed a resolution to elect the chairman. The above resolution is null and void as there is an error of law by the representatives elected in excess of the fixed number of members as the chairman. Thus, it is all null and void for E to appoint the director of the branch of the Gyeonggi-do Office of the C organization and to appoint the chairman of the branch of this case.

The plaintiff, as the former president of the branch of this case, has a legal interest to perform the duties of the president of the branch of this case until the appointment of the latter president of the branch of this case. Since the defendant asserts that he is the president of the branch of this case and denies his qualification as the president of the branch of this case, D is seeking nullification of the appointment of the defendant as the president of the branch of this case on May 14, 2018.

(Plaintiff indicated that the Defendant was appointed as the president of the instant sub-chapter on May 14, 2018; however, according to the evidence No. 6, the date on which the Defendant was appointed as the president of the instant sub-chapter is recognized as May 12, 2018). The Defendant’s defense of safety against the instant sub-chapter is seeking confirmation of the appointment of the president of the instant sub-chapter against the Defendant, who is not a non-corporate body, as the non-corporate body, as the Plaintiff sought confirmation of the invalidity of the appointment of the president of the instant sub-chapter. Therefore, the instant lawsuit against the

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