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(영문) 광주지방법원 2016.06.02 2015가합3084

유림총회결의 등 무효확인

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1. All of the plaintiffs' lawsuits against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a non-corporate body that carries out projects such as the protection and preservation of literature and seedlings in Gwangju Metropolitan City and the inheritance and dissemination of relics, and the plaintiffs are the representatives of the defendant, and the non-party incorporated foundation D (hereinafter "non-party incorporated foundation") is an incorporated foundation established to maintain the literature and seedlings in Gwangju Metropolitan City and to operate educational and edification projects, and to promote the promotion of teaching and cultural development.

B. On June 2, 2015, as the term of office of Nonparty Foundation expired, Nonparty Foundation: (a) requested the Defendant to hold a provisional forest assembly on June 2, 2015, in accordance with Articles 23 and 24 of the articles of incorporation of Nonparty Foundation; and Article 6 of the Defendant’s Confucian School Positions; and (b) requested the Defendant to select a new member of Nonparty Foundation. (c) On June 5, 2015, the Defendant’s Jeon Jong issued a call notice to the Defendant’s representatives to elect a new member of Nonparty Foundation on June 25, 2015.

C. On June 25, 2015, the Defendant held a temporary forest assembly on June 11, 2015 (hereinafter “instant permanent forest assembly”) for the election of the members of Nonparty Foundation (hereinafter “instant permanent forest assembly”).

(2) As to the way to elect the members of the non-party foundation, the above general meeting attended 198 of the defendant's 345 representatives and met the quorum. 2), as to the way to elect the members of the non-party foundation, the plaintiff A recommended 9 candidates, including the head of the organization related to the defendant (the former school of the defendant, the chief of the non-party foundation, the president of the leading council, the president of the Gwangju Metropolitan City Council, and the president of the non-party foundation) and the chief of the five branch offices of the defendant, recommended 27 candidates to vote for the total of 27 candidates, and proposed a plan to elect 21 candidates according to the order of votes obtained (hereinafter referred to as "draft 1"), the representative Q, as shown in the preceding sentence, shall be the fourth group head, the plaintiff's 22 former representative, and the chairman of the non-party foundation's council.