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(영문) 서울고등법원 2015.06.24 2014나2045889

대표자지위부존재확인 등 청구

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit shall be the part resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. Article 7 (Composition of Officers) of the articles of association of the Plaintiff clan A shall have officers as follows:

2) The Chairperson: One person shall be elected at the ordinary meeting, but the Assistants for Vacancy may be elected at the meeting of the officers. The term of office of the officers under Article 9 (the term of office of the officers) shall be two years. If a vacancy occurs during the term of office, the term of office shall be, without delay, elected at the meeting of the officers, but the term of office shall be the remainder of the term of office of the officers. The Chairperson shall represent the principal meeting and take charge of the overall affairs and preside over the general meeting and the meetings of the officers.

Article 11 (Meeting) Meetings shall be divided into regular, extraordinary and executive meetings.

1) On October 2 of each year, the regular meeting shall be set on a national holiday. The meeting shall be held by the president when the president deems it necessary or when one-third or more of the members request to convene the extraordinary meeting.

§ 12 (1) A meeting and an officer meeting shall be held by the attendance of a majority of the members and the affirmative vote of a majority of the members present. 3) When a member (executive) who does not attend a meeting submits a power of attorney, it shall be deemed to be the number of members present and the resolution shall be deemed to be the affirmative vote.

Article 13 (Matters to be Resolved) In the meetings of Congress and Executive Officers, the following matters shall be deliberated and resolved:

1) The matters concerning the restriction on the expulsion of the members to be submitted to a general meeting b) the election of the officers of the general meeting b) the election of the members of the plaintiff clan is a clan that is composed of D with the age of 31 of C, and some of the articles of incorporation of the plaintiff clans are as follows.

B. On November 3, 2013, an ordinary general meeting of the Plaintiff’s clan held a meeting of executives on October 26, 2013 and executives including the Plaintiff’s Nonparty, who were the president of the clan at the time of the completion of a civil or criminal lawsuit on the compensation for land expropriation, etc. committed between the Plaintiff’s clan and some members, shall be reappointed, and the compensation for accommodation shall be returned to the clan.