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(영문) 서울중앙지방법원 2016.08.12 2016가합4858

대표자지위부존재확인

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1. C confirms that it is not the representative of the defendant.

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

Reasons

1. Basic facts

A. 1) The Defendant foundation is an incorporated association established on January 9, 2001 for the purpose of creation of Buddhist music, musical musical music, musical music activities, etc. 2) 8 members including C and the Plaintiff were appointed as the chief director at the time of the establishment of the Defendant foundation, and the total number of members was 61.

B. Articles of incorporation of the Defendant Corporation’s articles of incorporation are as follows.

Article 12 (Withdrawal of Members) If a member intends to withdraw at this time, he may withdraw freely by submitting a written withdrawal to the president.

§ 15 (Appointment of Officers) ① The officers of this meeting shall be elected at the meeting of the plenary session, and the plenary session of Article 21 (Organization of the plenary session) shall be composed of the highest deliberative organ of this meeting and the regular members under Article 8.

Article 22 (Classification and Convocation) (1) A general meeting shall be classified into a general meeting and an extraordinary general meeting, and shall be convened by the president.

Article 23 (Special Cases for Convocation of General Meeting) (2) If it is impossible to convene a General Meeting for at least seven days due to vacancy or challenge of the person holding the authority to convene a General Meeting, the General Meeting may be convened with the consent of a majority of incumbent directors or at least one third of incumbent

Notwithstanding the provisions of Article 14 of the Addenda, Article 3 (Officers and Term of Office at the beginning of the Establishment Party) of this Articles of Incorporation, the officers and their terms of office at the beginning of the establishment are as follows:

Three years for each term of office of president C and directors

C. On July 14, 2013, 2013, C announced the convocation of an ordinary general meeting of the Defendant Corporation on July 22, 2013. On July 14, 2013, the ordinary general meeting of the Defendant Corporation was held on July 22, 2013 (hereinafter “instant ordinary meeting”).

2) 2) At the instant ordinary meeting, 17 members, including C, were present, and 5 members, including D, delegated voting rights.

On the other hand, all of the above 22 persons who attended the general meeting of this case or who delegated voting rights (=17 persons) were not members at the time of establishment of the defendant corporation except C.

3 The general meeting of this case was selected and appointed by C as president, E, F, G, H, and I, respectively, and on July 25, 2013.