임시총회 결의 무효 등 확인
1. Ascertainment that the Defendant’s resolution of expulsion against the Plaintiff on August 7, 2018 is null and void.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The defendant is an organization established on March 16, 2001 for the purpose of community service, etc.
(2) The Plaintiff is a member of the Defendant club, and was employed by the president of the C clubsD from 2002 to 2003.
B. On July 20, 2015, E’s accusation against the Plaintiff, etc. (1) around July 20, 2015, E, while serving as the chairperson of the center fund management of the F Council to which the Defendant’s club belongs, committed the misconduct of using KRW 235,597,693 as personal business funds.
(2) On December 13, 2017, the Plaintiff filed a criminal charge of occupational embezzlement with H, who is a member of a G club, with the Gwangju District Prosecutors’ Office.
(3) On April 17, 2018, E received a summary order of KRW 5,00,000 as a crime of occupational embezzlement with respect to the above misconduct in the Yeongdeungpo District Court Branch Branch of Gwangju District Court on April 17, 201, and the said summary order was finalized as it is.
C. The Defendant club resolved on July 20, 201 that it would hold a board of directors and an extraordinary general meeting on July 20, 2017 and expulsion of its members I.
After that, on March 22, 2018, the defendant club held ad hoc director meeting to resolve to recover the membership of I.
The defendant club held a board of directors on May 7, 2018 and passed a resolution to again remove I.
(2) On February 14, 2018, I filed a lawsuit seeking confirmation of invalidity of each of the above expulsion resolutions against the Defendant club with the Gwangju District Court Branch.
On June 2018, the Plaintiff submitted to the court a written confirmation of the fact that “the Defendant club did not hold an extraordinary general meeting or a board of directors to recover the membership of I after expulsion from I on July 20, 2017, and did not have passed a resolution to recover the membership of I” (hereinafter “written confirmation of the instant facts”).
(3) On October 19, 2018, the Gwangju District Court rendered a judgment confirming that each of the above expulsion resolutions is invalid due to procedural and substantive defects.