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(영문) 인천지방법원부천지원 2015.11.27 2015가합1603

총회결의무효확인의소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s status and main contents of the articles of incorporation represent the disabled persons and organizations with disabilities, and is a juristic person established on October 24, 201 with the permission from D for the purpose of promoting the welfare of disabled persons, an organization related to disabled persons located in D, such as the Plaintiff, the E Council F Branch Association of the Council (hereinafter “E Council”), the F Branch Association of the Association (hereinafter “F Branch Association”), the G Association H Branch Association of the Association (hereinafter “G Association” and the above H Branch Association”) as its members.

On the other hand, the main contents of the defendant's articles of incorporation are as follows.

Article 6 (Qualifications for Members) The qualifications for members of the Association shall be classified into the following subparagraphs:

(1) The association for the disabled established under Article 32 of the Civil Act and the association for the welfare of the disabled with the aim of welfare of the disabled shall be members of D unit organizations and their regular members, located in D.

(2) Each organization shall appoint three representatives from among regular members by the head of each organization.

Article 7 (Admissions and Membership Fees) (1) An organization which intends to join a new organization as a regular member shall pay a membership fee of three million won.

(3) The re-admission of an organization shall also be reported to the new circuit and shall pay an admission fee pursuant to Article 7 (1).

Article 11 (Appointment of Officers) (1) Directors shall be the head of a member organization and shall obtain approval of a general meeting.

(2) The Chairperson shall be elected from among directors through a resolution of a general meeting.

Article 18 (General Meeting) Any corporation shall have a general meeting by its highest deliberative organ.

Article 19 (Organization of General Meeting) A corporation shall form a General Meeting of officers and delegates.

Article 20 (Matters to be Resolved by General Meeting) The following matters shall be resolved at a general meeting:

(3) Approval for election of executives.

B. On February 13, 2015, the Defendant, who passed a resolution at the general meeting of the Defendant on February 13, 2015, holds a general meeting on February 13, 2015 (hereinafter “instant general meeting”) and, as a member of the Defendant, has the Defendant’s power of representation.

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