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(영문) 전주지방법원 2020.02.12 2019가합2215
이사장당선무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are non-profit incorporated associations established on November 19, 1983 by consisting of private taxi transport business entities in B, and the plaintiff is a person who participated in the 12th special election of the chairperson of the defendant implemented on March 27, 2019 as the defendant's members (hereinafter "the special election of this case").

B. Amendment of the Articles of Incorporation concerning the Defendant’s term of office of the president) The Defendant’s general meeting on February 27, 2018 (hereinafter “instant general meeting”) shall be held on February 27, 2018.

) From the Defendant’s articles of incorporation, the Defendant passed a resolution on the amendment of the articles of incorporation to the effect that the term of office of the chief executive officer under Article 10(2)1 of the Defendant’s articles of incorporation was limited to the former reappointed system (hereinafter “instant amendment of

(2) On April 3, 2018, the Defendant received notification from the branch office to approve an amendment of the articles of incorporation as to the foregoing amendment.

C. On November 1, 2018, the Defendant’s 12th election of the 12th president, which was enforced on November 1, 2018, died on February 5, 2019. (2) The Defendant implemented the instant special election on March 27, 2019, and the Defendant’s 10th and 11th president were elected as the president.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 12, Eul evidence 1 and 2 (including branch numbers, hereinafter the same), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) This case’s amendment of the articles of incorporation and Article 2(2)1 of the Addenda to the amendment of the articles of incorporation of the instant case’s 11th director (election in 2014) shall apply to the reappointment of the chief director.

hereinafter referred to as “the Addenda of this case”

[A] The supplementary decree of this case is null and void for the following reasons. Since C does not be eligible for election on the ground of the invalid supplementary decree of this case, there is grounds for invalidation of election. A) The supplementary decree of this case did not have any separate agenda or resolution with respect to the supplementary decree of this case at the general meeting of this case, so the supplementary decree of this case was adopted by a legitimate general

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