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(영문) 서울서부지방법원 2017.06.22 2016가합35895
지회장 당선자 지위 확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates the “D Teaching Institute” from C to 2003, and the Defendant is an incorporated association with the aim of promoting the sound development of a private teaching institute and contributing to the guidance of juveniles and lifelong education among the members of a private teaching institute and reading room, which is established and managed by the Act on the Establishment and Operation of Private Teaching Institutes.

B. On January 23, 2016, Defendant B branch (hereinafter “B branch”) held the 41st general meeting and held an election to elect the president of the branch of the B branch (hereinafter “instant election”). Of 121 representatives, 117 of the 121 representatives attended the 58th general meeting, E obtained 58 votes and the Plaintiff’s 58 votes, and the invalidity was 1 vote. The election commission of the B branch branch (hereinafter “B branch election commission”) decided to hold the revoting on January 30, 2016 on the ground that there was no majority of the representatives.

C. On January 25, 2016, the Plaintiff raised an objection to the invalidity table on the B branch line, and on January 27, 2016, the Plaintiff, as a result of the re-verification table, discovered in an uncertain list that E acquired on January 27, 2016, requested the interpretation of B election commission as to the validity thereof, and delayed the said revoting. However, the B election commission rejected the authoritative interpretation on the ground that it is the authority of B branch line.

Accordingly, on February 10, 2016, the first election management members of the B branch held seven persons among eight election management members, and the first election that supported the plaintiff at the election of this case was determined as invalid votes, and on January 27, 2016, the second election management members determined as invalid votes 4:3 and determined as invalid votes 57, 58, and 2 invalid votes d.

However, on February 13, 2016, B branch associations issued a certificate of winning the Plaintiff, and requested on February 29, 2016, the Defendant issued a letter of winning the Plaintiff to the Plaintiff, but the Defendant did not accept it.

E. On February 26, 2016, the Plaintiff is qualified as an auditor.

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