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(영문) 서울동부지방법원 2018.04.19 2017가합105034

회장 등 임원 선임결의 무효확인

Text

1. H as the Chairperson, I, J, and K as Vice-Chairperson, L as the auditor, M, N, at an extraordinary general meeting held by the Defendant on March 20, 2017.

Reasons

1. Basic facts

A. In accordance with Article 18-2 of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “ War Veterans Act”), the Defendant is a corporation established to promote friendship among war veterans, who participated in V and were discharged from war, through mutual assistance, and to improve the rights and interests of its members, and the Plaintiffs are the Defendant’s members.

B. The Defendant, including the special general meeting of March 20, 2017 and the general meeting of April 28, 2017, held on March 20, 2017, held a special general meeting and passed a resolution to appoint H as the chairperson, K, I, and J as the vice-chairperson, and L as the auditor, M, N,O, and P as each director (hereinafter “resolution of March 20, 2017”). On April 28, 2017, the Defendant held a general meeting of shareholders and made a resolution to appoint Q as the vice-chairperson, R as the auditor, R as the auditor (hereinafter “resolution of April 28, 2017”); and each of the instant resolutions of April 28, 2017 as the “resolution of April 20, 201” and “each of the instant resolutions”). < Amended by Act No. 14830, Mar. 20, 2017>

C. Around June 28, 2001, H, including the sending of written withdrawal from membership to the W organization of H, was admitted to the W organization. On March 14, 2012, H sent the written withdrawal from membership (hereinafter “instant withdrawal”) with the content that “W organization’s withdrawal” was applied for as of March 13, 2012 by the Chairperson of the W organization (hereinafter “W organization”).

On March 19, 2012, the W Organization Federation sent to the head of Seoul Branch of Seoul and Incheon Metropolitan City, the official document stating that “The withdrawal from membership was received with content certification as attached to the applicant, but it is not confirmed whether voluntary withdrawal was made (the same as all letters).” Since the membership certificate is not returned, the membership certificate is not returned, it is impossible to confirm the party and return the membership certificate and report it to the headquarters.”

W Organizations, such as W Organizations' Operation and Management Rules of May 29, 2012, the order for legislation, etc., shall be made by W Organizations on May 29, 2012.