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(영문) 울산지방법원 2019.12.12 2019가합12745
당선무효확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is an organization consisting of merchants engaged in business in the E market located in Ulsan-gu U.S., and is the Defendant’s regular members with the trade name of the Plaintiff A, the Plaintiff B’s trade name of “W”, the Plaintiff C’s trade name of “X”, and the Plaintiff D’s trade name of “Y” in each E market.

B. The Defendant’s articles of incorporation was enacted on April 11, 2005, and the provisions on the election of the Defendant’s members and officers at the time are as follows.

Article 9 (Members) (1) of the Articles of Incorporation (Establishment of April 11, 2005) (1) shall be the merchants who directly engage in business on the E market, and one store shall be, in principle, one member.

(2) A person who owns a store operated by merchants in the E market shall be a regular member, and a street keepers shall be an associate member.

Article 27 (Election of Officers) (1) The president shall be elected at the general meeting from among regular members and shall be ex officio directors.

C. Since then, on May 30, 2017, the provisions relating to the election of the Defendant’s members and officers in the above articles of incorporation were amended as follows.

Article 9 (1) of the Articles of Incorporation (Amended by May 30, 2017) (1) A regular member of the merchants' meeting shall be a merchant (a person who has a legal spouse) who directly runs a business on the E market, and one store shall be a member in principle.

(2) The street keepers in the E market (limited to the street keepers who continuously engage in business within a certain zone in front of a shop and excluding the street vendors who engage in business in the middle of a road) shall be quasi-member.

(3) No owner of a building that does not directly engage in business within the E market shall become a member.

(4) If a member expelled from membership fees due to the unpaid and refusal of membership fees, the arrears and refusal of common project expenses, etc., intends to join again, he/she shall pay in full the unpaid portion and determine whether to join again after undergoing deliberation by the board of directors.

Article 27 (Election of Officers) (1) The president shall be elected at the general meeting from among regular members, and the president shall be ex officio directors.

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