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(영문) 대전지방법원 논산지원 2017.04.19 2017가합2014

근저당권말소

Text

1. The defendant is the Jeju District Court with respect to the real estate stated in the attached list 1 to 15.

Reasons

1. Facts of recognition;

A. The Plaintiff is a religious organization that was established in 1949.

F was engaged in the two major teachers from 1965 to 200, and on September 21, 2015, the defendant corporation was established and the director and the chief director were appointed.

G and the Intervenor joining the Defendant were appointed as a non-representative director of the Defendant corporation.

B. Around 2015, H entered the Plaintiff’s organization and around August 2015, the person appointed as the secretary general. H received F’s belief and was in charge of the establishment of the Defendant’s legal entity. However, on October 13, 2015, G was notified of “F’s dismissal from office in accordance with F’s order” from G. H raised an objection, i.e., raising an objection, and on the same day, sent text messages to the Defendant’s directors to call an emergency meeting of the board of directors at the 12th of the following day. (2) On the same day, H sent text messages to the Defendant’s directors at 21:34, October 14, 2015, and signed and sealed F’s seal impression received from F in the name of F. < Amended by Act No. 13582, Oct. 14, 2015>

H W written in the same manner the resignation of F from the Plaintiff’s representative on the same day.

3) On October 14, 2015, H also held three other directors except F and G, among five directors of the Defendant, and temporary board of directors present at H himself and I, on the premise of F’s resignation from office as the Defendant’s chief director, H prepared a written resolution of the board of directors meeting with the content that H concurrently appoints the Plaintiff’s representative as directors and the chief director, and H himself as directors on the same day. H also prepared a written resolution of the board of directors meeting with the content that the Plaintiff’s representative is replaced to I on the premise that F’s representative resignation from office. (C) On October 31, 2015, as the Plaintiff’s representative and the Defendant’s representative, I prepared a letter of delegation of the maximum debt amount of KRW 1 billion to each of the real estate indicated in attached Tables 1 through 15, the Plaintiff’s representative and the Defendant’s seal impression and his own own.