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(영문) 울산지방법원 2018.07.26 2018가합21322

임시총회결의 무효 확인의 소

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1. A resolution made by the Defendant on March 11, 2018 with the same content as that stated in the separate sheet at an extraordinary general meeting is null and void.

Reasons

1. Indication of claim;

A. The Defendant is an incorporated association that runs the management, operation, etc. of the “EAC” clubs located in Ulsan-gun, Ulsan-gun.

The plaintiffs are the directors of the defendant's employees, and the plaintiff A is the chairperson of the Gyeonggi-do and superior punishment of the defendant around March 2017, and the plaintiff B is the chairperson of the election management of the defendant on February 11, 2018.

On the other hand, F is a person who was subject to six months' disciplinary action in accordance with the Defendant's articles of incorporation and rules on disciplinary action against members in the standing club held on January 26, 2018 due to the fact that the golf team that he/she was accompanied by the above golf club without being registered by him/her and that the Defendant's employees did not receive food, etc.

B. On February 11, 2018, the Defendant: (a) held the board of directors on February 11, 2018; (b) decided to hold the annual meeting in March 18, 2018; (c) held a new president and officers at the above regular meeting; and (d) decided to form an election commission, such as selecting Plaintiff B as the chairperson of the election management commission.

However, F provided that Article 4(5) of the Regulations on the Election of Chairperson and Officers of the Defendant provides that “A member who was subject to a disciplinary measure not less than prohibition against the use of facilities within two years prior to the election day shall not be eligible for election for the chief director and executive officers.” As F is unable to withdraw from the election of the said chief director, F revised the above regulations on the election for the chief director, and announced the convocation of convening an extraordinary general meeting on March 11, 2018 with a view to the extension and extension of the registration period of executive officers, general meeting, and candidate.”

C. Accordingly, the Defendant holds an extraordinary general meeting on March 11, 2018, and deleted Article 4(5) of the Regulations on the Election of the Chairperson and Executive Officers of the Commission to be established and the President of the Commission, as indicated in the attached list, (a) and (b) postpones the election of executive officers and the general meeting on April 15, 2018; and (c) postpones the registration period of candidates on March 30, 2018.