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(영문) 서울고등법원 2017.08.25 2017누38586

임원취임승인취소처분 취소 청구

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All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and the reasoning of the judgment of the court of first instance is as follows, except for adding the judgment of the plaintiffs as to the assertion that the plaintiffs raised again to this court, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable as it is in accordance with Article 8(2

2. 이 법원에서 고쳐쓰는 부분 ▣ 제1심판결서 제23쪽 제7행 및 제9행의 각 “원고 G”을 각 “G”으로 고친다.

▣ 제1심판결서 제25쪽 제21행의 “임사이사”를 “임시이사”로 고친다.

3. Additional determination by this Court

A. The gist of the grounds for appeal by the plaintiffs asserted as follows in this court as the grounds for appeal.

1) As to the ground for Disposition 1 (A) the Plaintiffs were all present at the board of directors 44 and 445, which was effective after the appointment of directors, and the board of directors 446 to 452, which was held from the date of the appointment of directors, all invalid since they were present at the board of directors without the qualifications of directors as follows. As cited earlier, Plaintiffs B and A were present at the board of directors 447 and 448, but refused to affix their signatures and seals to the minutes, and Plaintiff B was present at the board of directors 449, and from the 450th board of directors, Plaintiffs were all not present at the board of directors.

There is no high possibility of criticism.

On June 10, 2014, whether the board of directors was defective or not, on July 8, 2014, the board of directors L, 447 Council M participation on July 8, 2014, July 448, 2014; L, 449 Board of Directors L, M participation on August 14, 2014; L, 450 Board of Directors L, September 15, 2014, the board of directors L, No. 451, Sept. 25, 2014; 452 Board of Directors L, No. 452, Oct. 28, 2014 (j) participation on November 452 (j) participation on November 18, 2014; Amended by Presidential Decree No. 25345, Dec. 25, 2014; Presidential Decree No. 25513, Oct. 24, 2015>