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(영문) 부산지방법원 2015.07.22 2014가합49831

이사취임등 등기

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On January 24, 2007, the Defendant Foundation is a foundation that was established by contributing to books, art works, etc. collected and preserved by the network H with the aim of contributing to the promotion of culture by collecting, preserving, and exhibiting books, ancient documents, art works, etc. in Korea and world. The Defendant Foundation’s director of the Defendant Foundation is I, J, and Plaintiff A.

B. The auditor K of the defendant foundation filed a lawsuit against the defendant foundation against the defendant foundation by Busan District Court 201Kahap6079, which was the first director of the board of directors of the defendant foundation as of March 16, 2010, and the resolution of the board of directors of the defendant foundation as of April 12, 2010 who appointed G as the director of the defendant foundation, and as of April 12, 2010, G filed a lawsuit seeking confirmation that the above resolution of the defendant foundation is not a director of the defendant foundation. E and G participated as an independent party by asserting that the above resolution of the defendant foundation is valid. However, the above court confirmed that the resolution of the board of directors of the defendant foundation as of March 16, 2012, which appointed E as a director of the defendant foundation on August 23, 2012, is invalid, and that the resolution of the defendant foundation's board of directors as of April 12, 2010 that appointed G as a director is valid.

The judgment of admitting part of the claim was rendered. (c) As to this, K appealed to the Busan High Court 2012Na7366, and E appealed to the Busan High Court 2012Na7373 (Intervention), on May 9, 2013, the above court rendered a judgment of admitting part of the claim that “A written resolution of the board of directors of the Defendant Foundation of March 16, 2012, which appointed E as a director on August 23, 2012, is null and void, and G is not a director of the Defendant Foundation.” The appeal by K (Supreme Court Decision 2013Da43864) was dismissed due to psychological failure, and the above judgment (hereinafter “instant judgment”).

The articles of incorporation of the defendant foundation in relation to the case are as follows:

Article 5 (Types and Fixed Number of Officers) A corporation shall have the following officers:

(1) One chief director, two to ten directors (including the chief director), and one auditor.