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Reasons
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(영문) 서울중앙지방법원 2017.01.12 2016가합516320
정관변경무효확인 등
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1. The part of the plaintiffs' lawsuit against G, the defendant foundation, seeking confirmation of the absence of director status, and defendant H, I, and J.

Reasons

1. Basic facts

A. The status of the parties 1) U (hereinafter “JU”)

A) A religious organization established by V around May 5, 1947 has W, the Advisory Committee, the adviser, the standing committee, X, and the Foundation’s board of directors under its jurisdiction. G (hereinafter “Defendant Foundation”). The Defendant Incorporated Foundation is the Defendant Incorporated Foundation.

(2) On June 26, 1969, the Plaintiffs and Defendant H, I, J, K, L, M, N,O, P, and Q were listed as directors of the Defendant Foundation, and were dismissed or resigned from office.

B. The purpose of Article 3(Purpose) of the Articles of Incorporation of the Defendant Foundation, amended on January 2010, as of January 201, 2010, is to ensure effective and proper management and operation of the property of the public poor party established by the preceding business for the transfer of YY, to promote ethical ethics and to improve social and cultural status, thereby contributing to the construction of the de facto society. Article 5 (Officers of the Defendant Foundation)

1. One chief director;

2. 12 directors; and

3. Two auditors (elective) (1) Officers shall be elected by the board of directors on the recommendation of the president, and shall report to the competent authority without delay on their inauguration.

(2) A substitute executive officer shall be appointed within two months from the date on which the vacancy occurs.

(3) A new executive shall be elected by not later than two months before the expiration of his/her term of office.

Any officer falling under any of the following subparagraphs may be dismissed through a resolution of the board of directors:

1) An act in violation of the purpose of the Defendant Foundation (2) a dispute among executives, an act in violation of accounting fraud, or an act that interferes with the business of a juristic person (3) an act in violation of the purpose of the said Foundation shall be an act in violation of Article 8 (1) 1. The term of office of an officer shall be 2 years for an auditor of 4 years.

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