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(영문) 서울중앙지방법원 2016.06.30 2015가합571474

회장지위부존재확인의 소

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1. It is confirmed that the status as the president of C does not exist;

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant’s organization and corporate registration 1) around 2002, the Defendant is an organization organized to develop and improve the quality of Koreans overseas, promote friendship and protect rights and interests. The Defendant obtained permission for incorporation from the Minister of Culture, Sports and Tourism on February 27, 2009, and the Plaintiff (Appointed Party; hereinafter “Plaintiff”) on May 7, 2009.

(2) At the time of permission for incorporation, the defendant prepared its articles of incorporation and submitted it to the Ministry of Culture, Sports and Tourism, which is the competent authority, and there is no fact that he obtained permission for incorporation change separately after obtaining permission for incorporation.

The main contents of the Defendant’s articles of incorporation regarding the instant case are as follows.

Part I of the General Provisions of Section 1 (Name) This federation is referred to as "B" as an incorporated association.

Article 3(Purpose)The Federation is aimed at the development and improvement of qualities, Dfree Protection, membership-friendly friendship and protection of rights and interests, development of the Republic of Korea and the links among the Korean people across the world.

Part II Members of the Association under Article 7 (Attendance and Qualification for Members) shall be comprised of regular members, honorary members, and data members.

(1) Regular members are current D persons belonging to overseas Koreans E, F, G and other equivalent D companies (Online Issuance) and persons who consent to the objectives of this Federation and who obtain approval of the board of directors in accordance with prescribed membership procedures.

Article 8 (Members' Rights) The regular members of this Federation shall have equal rights to vote and to be elected for the chairperson and the auditor of this Federation, and shall participate in projects and activities.

Article 9 (Duties of Members) (1) Members of this Federation shall comply with the articles of association and bylaws of this Federation and endeavor to realize the objectives thereof, and shall have the obligation to observe the matters resolved at the general meeting and the board of directors.

(2) Members of this federation shall pay the prescribed membership fees and charges.

Article 10 (Penalty and Disqualification of Members) (2) Any member of this Federation who violates the objectives and objectives of this Federation, or the honor of this Federation.