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(영문) 부산지방법원서부지원 2020.06.18 2018가합249

해임결의무효확인

Text

1. Ascertainment that the Defendant’s resolution to dismiss the Plaintiff at the general meeting on January 25, 2018 is null and void.

2...

Reasons

Basic Facts

The defendant is an incorporated association which completed the registration of dissolution on July 3, 2018 on the ground of the resolution of the general meeting on June 28, 2018, which was established on April 17, 2017 with the aim of realizing the ideology of the doctrine of the religion and studying the doctrine of the doctrine of the doctrine of the religion.

The plaintiff is a director on the registry by taking office as a standing director at the time of the establishment of the defendant, who is dismissed from office by the following resolution of dismissal.

At the time of its establishment, the Defendant submitted a list of 58 members, including C, to the Busan Metropolitan City Mayor (the competent department of culture and arts), which is the Defendant’s competent authority, to obtain permission for its establishment (hereinafter “Membership List”).

The registered directors of the defendant were seven persons including the plaintiff at the time of January 25, 2018.

All these are the defendant's membership in the membership list.

The articles of incorporation of the defendant includes the following contents:

Where an executive officer falls under any of the following cases, he/she may be dismissed through a resolution at a general meeting:

1. An act contrary to the defendant's purpose;

2. Dispute between executives, accounting fraud or significant unfair practices;

3. Obstructing the defendant's business, Article 15 (Term of Office of Executive Officers) (1) The term of office of executive officers shall be four years, and the auditor shall be two years.

Article 19 (Classification and Convocation) (2) The ordinary general meeting shall be convened by two months before the beginning of each fiscal year, and the extraordinary general meeting shall be convened when the president deems it necessary.

(3) The chief director shall notify each member of a general meeting in writing at least seven days prior to the commencement of the meeting, stating the agenda, date, place, etc. of the meeting.

Article 20 (Special Cases concerning Convocation of General Meeting) (1) The chairperson shall convene a general meeting within 20 days from the date on which a request for convocation is made, if any of the following requests is made:

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

2. When an auditor has requested a meeting.