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(영문) 대전지방법원 2018.09.19 2017가합1718

총회결의무효확인 등

Text

1. The Defendant’s “D, E, and F” at an extraordinary general meeting of March 28, 2016, and the “C, E, and F” at the president of May 20, 2016.

Reasons

Basic Facts

The defendant is an incorporated association established for the purpose of promoting the interest of parking lot business operators operating the parking lot business, and the plaintiff (the appointed party; hereinafter referred to as the "Plaintiff") and the designated parties (hereinafter referred to as the "Plaintiff, etc.") are appointed as the defendant's director on September 26, 2012.

In the Defendant extraordinary general meeting held on December 28, 2012, there was a resolution to dismiss the Plaintiff and Selection as a director (hereinafter “resolution to dismiss the Plaintiff as of December 28, 2012”), and there was a resolution to dismiss the N as a director at the Defendant extraordinary general meeting held on January 9, 2013 (hereinafter “resolution to dismiss the Plaintiff as of January 9, 2013”).

Plaintiff

On December 28, 2012 and the resolution of dismissal on January 9, 2013, the court filed a lawsuit seeking confirmation of invalidity of the resolution of the general meeting. On April 11, 2014, the court filed an appeal by the head of the Defendant Association to appoint 12 persons (hereinafter referred to as “P, etc.”) including the 12 persons (hereinafter referred to as “P, etc.”) including the resolution of dismissal on December 28, 2012 and the resolution of dismissal on January 9, 2013. The court appealed that the above resolution was invalid on the premise that Article 41(4) of the Defendant’s Articles of incorporation was violated and the judgment became final and conclusive, but both the Defendant’s appeal and the judgment were dismissed.

(Seoul Eastern District Court 2013Gahap7880, Seoul High Court 2014Na24213, Supreme Court 2015Da29305, hereinafter “the instant judgment”). Based on the above judgment, the Plaintiff et al. was registered as a director on September 17, 2015 and retired on February 29, 2016.

AB, C, G, AC, AD, H, and AE at the Defendant’s general meeting held on June 25, 2013 when the Defendant’s new resolution to appoint a director was adopted, but the Plaintiff filed a lawsuit seeking nullification of the resolution at the general meeting.