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(영문) 서울동부지방법원 2017.11.16 2017가합100855
총회결의무효확인
Text

1. The Defendant confirms that a resolution to appoint directors C, D, E, and F at an extraordinary general meeting on May 20, 2016 is null and void.

2...

Reasons

Facts of recognition

The following facts are either disputed between the parties, or acknowledged by the respective descriptions of Gap evidence Nos. 1, 3, 5, 6, and 7 and the purport of the whole pleadings, and there is no other counter-proof.

The defendant is a non-profit incorporated association established for the purpose of promoting the memorial business of G students. The plaintiff is the chairperson of the defendant, and C is the defendant's member.

Part of the Defendant’s members, including C, prepared the Defendant’s general meeting minutes to the effect that “the Defendant held 21 general meetings from among 39 members on May 20, 2016 (hereinafter “instant general meetings”) with the attendance of 21 members, and made the same resolution as the written order (hereinafter “instant resolution”). The Plaintiff, who was the Defendant’s Chairperson as of May 20, 201, did not call the instant general meeting, and did not request the Defendant’s members, including C, to convene the said general meeting.

On the other hand, the defendant did not notify H and I of the convening of the general meeting of this case, who is the former director of his member, and notified some of the defendant's members of the convening of the general meeting of this case by telephone communications rather than in writing.

The main contents of the defendant's articles of incorporation are as follows:

Article 6 (Categories of Members) The Session shall consist of regular members, group members, special members, honorary members and associate members (juvenile).

Article 12 (Kinds and Fixed Number of Officers)

1. One chairman;

3. Not more than 15 directors (including the president and the vice-president), Article 13 (Appointment of Officers) (1).

Article 16 (Duties of Officers) (1) The president shall represent the principal meeting and convene, preside over and preside over the general meeting and the board of directors.

Article 19 (Composition of General Meeting)The Assembly shall be the highest voting organ for the plenary session and shall be composed of regular members and organizations.

Article 20 (Classification and Convocation of General Meetings) (1) A general meeting shall be classified into an ordinary general meeting and a special general meeting, and convened by the president

(2)

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