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(영문) 인천지방법원 2019.10.17 2018가합2017

총회결의등무효확인

Text

1. The Defendant:

A. On September 17, 2018, the Plaintiff A was dismissed from office at an extraordinary general meeting, and the Plaintiff D, E, and F was appointed as each director.

Reasons

1. Basic facts

A. The Defendant is a non-profit incorporated association that completed the registration of incorporation on January 9, 2018 for the purpose of supporting missionary work and remedy, and the Plaintiffs are the Defendant’s members.

B. At around 10:00 on September 17, 2018, the Defendant held an extraordinary general meeting while 13 members (G, J, F, K, L, M, N,O, P, Q, D, E, and R) of the Defendant’s membership (hereinafter “G, J, K, K, L, M, N, P, and Q, Q, E, E, and R), and decided to dismiss the Plaintiff who is the representative of the Defendant from office with the consent of all the members present ( Subparagraph 1), D, E, and F as the Defendant’s director ( Subparagraph 2).

C. At around 11:30 on the same day, the Defendant held a board of directors and decided to appoint G as a director with the Defendant’s power of representation (G, J, P, Q,O, D, E, and F).

On September 18, 2018, the above decision of the special general meeting and the result of the board of directors' meetings (the director at the defendant's representative was changed from the plaintiff A to G, and the D, E, and F was newly appointed as the defendant director) made the change registration of the defendant.

E. On February 20, 2019, around 10:00, the Defendant held a general meeting of 10 members of the Defendant, and resolved to dissolve the Defendant (No. 1) and appoint G as the Defendant’s liquidator (No. 2). On the same day, the registration of dissolution of the Defendant was completed in accordance with the above general meeting resolution.

F. Meanwhile, on October 8, 2018, the Plaintiffs filed an application with G, D, E, and F to suspend the performance of their duties (Seoul District Court 2018Kahap10379). On March 20, 2019, G decided that “D, E, and F, as directors with the Defendant’s representative authority, shall not perform their duties as directors, until the judgment on March 20, 2019 became final and conclusive.”

G. The provisions pertaining to the instant case in the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) are as shown in the attached Form.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4, 9 respectively.