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(영문) 서울동부지방법원 2018.04.19 2017가합1514

대의원총회결의무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is an incorporated association established for the purpose of academic research in physical therapy, the establishment of ethics in physical therapy, and the promotion of rights and interests by consisting of persons who have acquired a license for physical therapy, and the plaintiff is a member of the defendant.

B. On January 20, 2017, C who was appointed as the president of the 30th president of the Defendant submitted a letter of resignation to the Defendant. On January 22, 2017, the Defendant held a temporary board of directors (hereinafter “Board of Directors”) on January 22, 2017 and resolved to accept the said letter of resignation (hereinafter “instant board of directors”) and completed the registration of resignation on February 21, 2017.

On the other hand, 16 of the 38 registered directors were present at the board of directors of the instant case, and 13 of them delegated voting rights, and the remaining 9 of them did not attend the board of directors.

C. On March 11, 2017, the Defendant: (a) held a 52th regular meeting of delegates and held a 31st regular election of the 31st chairman from among the 123 incumbent representatives on March 11, 2017; and (b) held a 110 vote, C was appointed as the 31st chairman of the Defendant’s 31st regular meeting.

(hereinafter “instant resolution”) D.

The parts concerning this case in the defendant's articles of incorporation are as follows.

-Articles of Incorporation - A special election shall be held within three months if a vacancy occurs in an elected officer. If the remaining term of office is less than one year, the president shall succeed to by the vice president and the auditor shall be elected by the board of directors.

Article 14 (Duties of Officers) (4) Directors shall deliberate on and resolve important matters concerning the affairs of the board of directors, and deal with the affairs delegated by the board of directors or the chairperson.

Article 23 (Composition and Session of Board of Directors) (3) The board of directors shall be members with attendance of a majority of the registered directors and shall pass a resolution with the consent of a majority of the members present, but it shall be deemed

(4) The agenda of a meeting of the board of directors shall be on the date, time, place, agenda, etc. seven days before the meeting is held.