임시총회결의 무효확인
1. The “resolution that the Defendant elected an out-of-the-counter C as the president of the branch of Gyeonggi-do” at the extraordinary general meeting of March 28, 2014.
1. Basic facts
A. The Defendant, a non-corporate company incorporated under B (hereinafter “B”) (hereinafter “Defendant Branch”) decided to hold an election of the president at the 48 ordinary general meeting held on April 22, 2013 (hereinafter “instant election”).
Defendant Branch held a joint meeting with candidates such as Plaintiff, C and D on April 13, 2013 and decided that the election commission of Defendant Branch held a joint meeting with candidates such as Plaintiff, C and D to grant a voting right on the condition that D does not leave the joint meeting.
B. On April 22, 2013, Defendant Branch held a general meeting of 1:00 plenary session and held the instant election. The chairman of the election management committee of Defendant Branch declared as follows: (a) the Plaintiff was elected as the president of Defendant Branch by taking the vote at 245 from among 250 registered representatives; (b) the Plaintiff was present at 123 votes, C 107 votes, and D 16 votes (the total number of votes obtained by candidates (246 marks) because he/she had the right to vote for non-representatives).
C. On April 23, 2013, Defendant Branch applied for the approval of the new branch president in B, and dismissed Defendant Branch on the same day on the grounds that the chairman, E and members of Defendant Branch Election Management Committee, F, G, and H violated the Articles of association, the Enforcement Rule of the Articles of Incorporation, and the Election Management Regulations and neglected to perform their duties in relation to the instant election.
On the other hand, C filed a petition on election that contests the validity of the election of the president of the branch to the election commission of the defendant branch on the same day.
B On April 24, 2013, since Defendant Branch could not dismiss the chairman and members of the Election Management Council, it ordered Defendant Branch to be reinstated and reported properly.
As a result of deliberation on petitions filed by C on April 25, 2013, the Plaintiff, among the 246 electors, did not obtain a majority vote after obtaining 123 votes from the 246 electors.