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(영문) 서울고등법원 2016.08.31 2016나2012319
이사장당선무효 등 확인의 소
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are nonprofit corporations established pursuant to the Community Credit Cooperatives Act, and the plaintiff is a person who runs an election for the chief director during the 16th executive election of the defendant.

B. On January 10, 2015, the Defendant’s election of the chief director (the Defendant’s election of the chief director) is the 44th extraordinary general meeting (hereinafter “instant general meeting”).

In the 16th executive election, the election of the chief executive officer(hereinafter referred to as the "election of this case") is called the election of this case.

2) The election of this case was held by the Plaintiff, D, and C as the candidate for the chief director. 2) The election of this case was held in the manner of voting by the representatives present after the announcement of the opinion of each of the above candidates.

3) The number of voters with voting rights in the instant election was 116, including representatives. Of them, 105 voters who were present, D 14 votes, C 46 votes, and the Plaintiff 45 votes. The Plaintiff did not have obtained a majority of the electors present among the candidates, and immediately after the first election ballot counting, C and the Plaintiff were held with the second election against C and the Plaintiff. 4) In the second election of the instant election, 91 voters cast their vote, and the Plaintiff obtained 43 votes and C 48 votes, and the Defendant decided C as the Defendant’s elected representative.

(hereinafter referred to as "the decision of the winner of this case").

Article 27 (Procedures for Voting) (1) of the Rules on the Election of Officers of the Defendant, an election commission shall verify the identity by means of a resident registration certificate (referring to a passport, driver's license, certificate of persons who have rendered distinguished services to the State, issued by the State, a local government, or public institution, if no resident registration certificate exists) at the polling station on the day of voting, and shall have the person affix his/her seal, affix his/her

Article 28 (Voting and Ballot Counting) (1) No elector shall vote, unless he/she attends a general meeting by the time when voting commences.

Article 30 (Decision on Elected Persons) (1) The chief director and the vice chief director shall appoint a majority of the electors who have obtained attendance as the elected person.

(2) Paragraph (1).

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