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(영문) 대구지방법원 안동지원 2018.08.16 2018가합3042

대의원총회결의무효 확인 등

Text

1. Of the instant lawsuit, the Defendant dismissed the Plaintiff, who is the president at the Extraordinary General Meeting of Representatives on January 7, 2018.

Reasons

1. Basic facts

A. The Defendant is a non-corporate body, a non-corporate body, established to disseminate the “C” movement in the border-do area, and to support and foster athletes and organizations, and is a regular member organization of the Korea Sports Council (hereinafter “Korea Sports Council”) and the Gyeongbuk-do Sports Association (hereinafter “Gyeongbuk-do Sports Association”), an incorporated association D (hereinafter “D”).

The plaintiff served as the chairperson of the defendant from October 2016.

B. On December 20, 2017, E, F, G, H, I, J, K, and L (8) demanded the Plaintiff to hold an extraordinary general meeting for the purpose of “case of non-Confidence in the president” as the representative of the Defendant’s representative.

Accordingly, on January 7, 2018, the Plaintiff convened a temporary general meeting of delegates (hereinafter “instant general meeting”).

C. On January 7, 2018, the Defendant made a resolution to appoint the Plaintiff as a non-Confidence vote with 10 votes and 2 votes among 12 registered representatives at the instant general meeting (hereinafter “instant resolution”).

Article 7 (Organization and Functions of General Meeting) (1) The General Meeting of the Association shall consist of the following representatives:

1. The heads of Sis/Guns/Gus under Article 5 (1);

(6) Where a person qualified as a representative pursuant to paragraph (1) becomes an executive of the Association, he/she shall be disqualified as a representative and one vice-chairperson recommended by the relevant organization for the relevant item shall be appointed as a representative.

Article 8 (Convocation of General Meeting) (2) The Chairperson shall hold an extraordinary general meeting of the Association within 15 days in any of the following cases:

1. Where the chairman deems it necessary;

2. When the majority of the registered directors request the convocation of a meeting, specifying the purpose thereof;

3. When not less than 1/3 of registered representatives request the convocation of a meeting, citing the purpose of the meeting.

4. When an auditor has requested a meeting under Article 24 (4) 4.