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(영문) 서울남부지방법원 2015.01.22 2014가합1974

회장지위부존재확인 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is a clan created naturally by setting D as a medium city group. The plaintiff asserts that the plaintiff's resolution at the general meeting of October 28, 201 and the general meeting of November 15, 201 for the following reasons is null and void, and C elected as the chairperson at the general meeting of November 15, 2012 by the defendant is not the chairperson of the defendant.

Defendant 1) On October 28, 2011, the president of the ordinary general meeting, who is not a member of the Defendant, convened the ordinary general meeting as of October 28, 201 as the president of the ordinary general meeting. The above general meeting is unlawful as a general meeting convened by a person without authority to convene the general meeting. 2) According to the Defendant’s religious donation, other officers, other than the president, are designated by the president and subjected to the approval of the general meeting. However, E does not legally have the status of the president and is not entitled to appoint the president as the president. Thus, the resolution to elect C as the president of the ordinary general meeting is unlawful.

3) In convening an ordinary general meeting, C et al. shall give notice of convening the general meeting at least one week prior to convening the meeting in accordance with Article 71 of the Civil Act, and C et al. shall give notice of convening the meeting at least four days prior to convening the meeting, and as such, the convening procedure is unlawful. 4) Defendant’s notice of convening the meeting at the ordinary general meeting held on October 28, 201, giving notice of convening the 1,672 persons, but Defendant’s notice of convening the meeting was given at the ordinary general meeting held on November 15, 2012, deeming that Defendant’s notice of convening the 1,749 persons was given at the ordinary general meeting held on November 28, 2011, and Defendant’s notice of convening the meeting was given to some of its members

B. The Defendant’s assertion 1 C as to the ordinary general meeting on November 15, 2012 is the Defendant’s vice-chairperson and the president’s proxy, and the Defendant’s convocation procedure was conducted on November 15, 2012, but it is unlawful for E to appoint the Defendant’s vice-chairperson as the Defendant’s vice-chairperson. As seen earlier, the above general meeting is held by a non-exclusive person.

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