배임수재
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The facts charged [the presumed facts] The defendant was elected by the resolution of the general meeting of D clans (hereinafter "the clan of this case") around November 15, 200, and was reappointed on October 20, 2002 by the resolution of the above general meeting. After the expiration of the audit term of 2 years according to the articles of incorporation of the clan of this case on October 2004 (the expiration of the audit term of 3 years according to the E regulations, which are the rules asserted by the defendant), but there was no resolution of the general meeting for selecting executives thereafter, and there was no resolution of the appointment of executive officers, including the chairperson.
The resolution of the general meeting of October 14, 2007 and the resolution of the general meeting of December 20, 2009 all were null and void due to the defect in the convocation procedure. On September 17, 2011, F was individually and specifically engaged in the duties of auditors to resolve the imminent situation of the clan of this case until F is appointed as president by the resolution of the general meeting of shareholders on September 17, 201, and its main contents were the existing president.
G was to preserve the clan property in light of the fact that it had committed a crime such as selling the clan property at will and embezzlement of the proceeds thereof.
Accordingly, the Defendant, as an auditor, filed a lawsuit seeking confirmation of invalidity of the resolution of the general assembly of this case with G called by G on April 5, 2010, as the chairperson of the instant clan on December 20, 209, and appointed H as the head of the instant clan. On November 18, 2010, during the lawsuit, H entered into a contract with G on November 18, 2010, which sells 54 lots of land outside Jin-si, the population of the instant clan, and 21 billion won (hereinafter “the instant sales contract”), the Defendant, as its down payment, knew of the fact that G was charged with G on November 25, 2010 and that it was intended to complete registration of transfer of ownership of the said real estate by G on December 25, 2010, and directly found the general assembly’s resolution to be null and void on February 20, 209.
“Inasmuch as the instant sales contract is also null and void with the judgment in favor of the first instance court rendered on October 15, 2010 of the said lawsuit, the instant sales contract is also null and void, so if the registration of ownership transfer has been completed.