beta
(영문) 대전지방법원 2016.07.22 2015가합107193

총회결의 무효확인 청구의 소

Text

1. A resolution that the Defendant, on November 10, 2015, appointed C as the president at a general meeting, is invalid.

2. The costs of lawsuit shall be.

Reasons

Facts of recognition

The defendant is an organization consisting of representatives of each Buddhist cancer located in Daejeon, and the plaintiff is a member of the defendant.

The parts relating to this case in the defendant's articles of incorporation are as follows:

Article 7 (Rights) (1) of the Articles of Incorporation of an incorporated association (Rights) (1) A regular member shall be a person who has paid a salary contribution, shall have the right to vote in the election for executive officers of a corporation and shall have voting rights at

(2) A associate member shall be ineligible for election or speech as a person who fails to pay the annual fee in full.

Article 12 (Appointment of Officers) (1) The officers of a corporation shall be elected at a general meeting.

(2) An officer whose term of office expires shall be elected not later than two months prior to the expiration of his/her term, and if an officer is vacant, the recommendation of his/her successor shall be passed at the board of directors within two months from

(4) The chairperson shall elect at a general meeting upon the recommendation of the board of directors.

Article 16 (Term of Office of Officers) (2) An officer shall perform his duties as an officer even after the expiration of his term until his successor is appointed.

Article 18 (Performance of Duties by Proxy of Chairperson) (1) The term of office of the Chairperson shall be remaining in the order of the chief Vice-Chairperson and the standing Vice-Chairperson pursuant to this B, and the term of office shall not exceed one year.

(2) If the chairman is vacant, the director elected by the board of directors shall act for the chairman.

Article 23 (Quorum) (1) A general meeting shall be held with attendance of a majority of all incumbent members, and pass a decision with the consent of a majority of regular members present

On November 10, 2015, the defendant held an ordinary general meeting and passed a resolution to appoint C as the chairman of the 24th general meeting.

The minutes of the meeting at the above general meeting shall consist of the regular members of the inspection for the payment of the amount of the stable contributions in 2014, and the voting rights shall be granted to the inspection (25 attendance) registered with the person with the salary reduction in 2015.

A majority of the regular members of the general meeting shall not be present at the general meeting, but the full-time chairperson shall be recommended as the chairperson with the present number of members, and C shall be elected as the 24th chairperson.

‘The purpose of ‘ is'.