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(영문) 서울고등법원 2015.12.23 2015나2022746

임시총회결의무효

Text

1. Of the judgment of the court of first instance, the part concerning the extraordinary general meeting dated September 25, 2013 is modified as follows:

The instant lawsuit is filed.

Reasons

1. In the first instance trial, the Plaintiff sought confirmation of invalidity of the resolution that the Defendant appointed C as the president at each extraordinary general meeting of September 25, 2013 and December 16, 2013. The first instance court dismissed the Defendant’s claim for confirmation of invalidity of the resolution that the Defendant appointed C as the president at the extraordinary general meeting of September 25, 2013, and accepted the Defendant’s claim for confirmation of invalidity of the resolution that appointed C as the president at the extraordinary general meeting of December 16, 2013.

Since the Defendant did not appeal against this, among the Plaintiff’s claims against the Defendant, the subject matter of this Court’s adjudication is limited to “the part of the Defendant’s claim for confirmation of invalidity of a resolution that appointed C from the extraordinary general meeting of September 25, 2013 to the president at the general meeting of September 2013.”

2. Basic facts

A. The Defendant is an incorporated association established on August 24, 1994 based on the Local Cultural Institute Promotion Act for the purpose of developing and researching local culture B and promoting culture, and the Plaintiff is a person who was appointed as a new director of the Defendant’s new authority of representation on October 16, 2014 by the Defendant’s member.

B. D, who held office as the president of the Defendant on August 13, 2010, issued a summary order of KRW 1 million (2010 high-level 5432) due to the crime of occupational embezzlement, and finalized on September 17, 2010, he/she lost his/her position in accordance with the proviso to Article 17(4) of the Defendant’s Articles of Incorporation on the ground that a criminal prosecution was instituted in connection with his/her duties while in office and the punishment became final and conclusive. Pursuant to Article 18(2) of the Defendant’s Articles of Incorporation, C, on May 23, 201, was entitled to act as the president on behalf of the Plaintiff who was the oldest of the vice presidents at the time of the Defendant’s Articles of Incorporation, and C, on May 23, 2011, announced “an extraordinary general meeting for the appointment of executive officers of the B cultural center on May 23, 2011,” and accordingly, was elected as the Defendant’s president from May 23, 201.

[Judgment of the court below to appoint C as the president at the extraordinary general meeting of May 23, 2011, 201, 2012Gahap3437 (Mains) and 10734 (Counterclaims) of the above court. < Amended by Act No. 11845, May 23, 2013>