건물명도
1. The Defendant indicated on the attached Form 1 and indicated on the attached Form 1 drawings among the land size of 218.42 square meters located on the 1st floor of the building indicated in the attached Table 1.
1. Basic facts
A. The Plaintiff is the owner of the real estate listed in the attached Table No. 1 (hereinafter “1 real estate”) as a clan consisting of the clans of 20 years of age or older, which had been registered in the family register as the descendants of 4th C. C. D., and the lessee who entered into a lease agreement with the owner E with respect to the real estate of 2nd paragraph (2) (hereinafter “2 real estate”).
B. On February 23, 2011, at the ordinary meeting of the Plaintiff, F was elected as the president. The Defendant was appointed as the general secretary and performed duties in the instant 1 and 2 real estate. On February 20, 2014, G was elected as the president at the Plaintiff’s ordinary meeting of the new president.
However, while denying the validity of the general meeting of shareholders elected G as president by the F, G claims against the Plaintiff that “a resolution to appoint G as representative at the general meeting of shareholders on February 20, 2014 is valid” (the above claims are amended after the institution of the lawsuit) and the court of first instance accepted G claims (the above claims are amended) but the Plaintiff (the representative indicated in the above decision) appealed, the court of first instance revoked the judgment of the court of first instance on the ground that, at the time of the plaintiff’s resolution, G was required to acquire the qualification of director for becoming the president in order to become the president in the rules of the court of first instance on the ground that G did not have the status as director, but G was dismissed (Seoul High Court Decision 2014Na2037208) and G appealed appealed, but the judgment of the appellate court became final and conclusive after the dismissal of the appeal (the Supreme Court Decision 2015Da210538).
C. On the other hand, at the Plaintiff’s ordinary meeting held on March 11, 2015, “a resolution to amend the regulations was made to elect the president, who is not the director of the Plaintiff, as the president,” and “a resolution to elect the G as the president.”
Accordingly, G cannot perform the duties of the plaintiff's representative until the judgment on March 11, 2015 against G becomes final and conclusive.