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(영문) 부산지방법원 2019.05.16 2018가합43008

설립결의 무효 등 확인의 소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The party status 1) The defendant incorporated association B (hereinafter “Defendant B”)

) As a representative body of Korea-related organizations and agencies, it is an incorporated association established for the purpose of integrating and coordinating different opinions between affiliated organizations and agencies, improving the political, social, economic, and cultural status of E, promoting the promotion of welfare and protecting rights and interests of E, and realizing a complete social participation and equality ideology, and is the Defendant C (hereinafter “Defendant C”).

(2) As a branch office under Defendant B, the Plaintiff is an incorporated association established for the purpose of improving the legal status, promoting welfare, and protecting the rights and interests of the Busan Metropolitan City E.). The Plaintiff was a member of Defendant B Busan Branch (hereinafter referred to as the “Non-Regulatory Branch”) and was a representative (the term of office from March 1, 2014 to February 28, 2018), and Defendant C’s member was a representative (the term of office from March 1, 2018 to February 28, 202).

B. Defendant B’s organizational structure has its main office in Seoul, one branch office in the Special Metropolitan City, Metropolitan Cities and Dos, and each Si/Gun/Gu respectively.

In addition, this Council shall have executive officers and representatives of the president, etc., each branch office has executive officers and representatives for each branch office, and each branch office has executive officers and representatives for each branch office.

C. On February 12, 2015, the Busan District Assembly Resolution Decision 2015, the Busan District Court held on February 12, 2015, a representative general meeting (hereinafter “instant general meeting”) with the aim of approving the business plan and budget in 2015, etc. on the agenda that the Busan District Office was established as a sole corporation (hereinafter “the agenda established as a single corporation”). 22 of the total representatives of the instant general meeting attended the general meeting and passed a resolution with the consent of all of the representatives of the 26 representatives on the agenda for the sole corporation (hereinafter “the minutes of this case”). D.

F, which is the head of the Busan Branch, established by Defendant C, shall be the representative of the promoters, and the articles of incorporation and promoters of the competent authority on March 26, 2015.