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(영문) 서울중앙지방법원 2016.07.21 2015가합7508
회장선임결의무효확인
Text

1. On April 15, 2012, among the Plaintiff’s lawsuit against Defendant B and the lawsuit against Defendant C Branch, Defendant C Branch.

Reasons

1. Basic facts

A. Defendant C Branch (hereinafter “Defendant C Branch”) is an unincorporated association comprised of adult male households aged 20 years or older for the filing of a shipbuilding, the protection and management of the pre-determination, the mutual friendship among the sub-councils, and the mutual aid for the prosperity of descendants. The Plaintiff is a person who was in the position of the president of Defendant C Branch since 2000, and Defendant B is a person who was the final cause of Defendant C Branch.

B. According to the Addenda to the 1982 Code of 1982 of the Defendant Religious Association (hereinafter “1982 Code”), the part concerning the date ( October 3), among the above rules, was enforced from October 3, 2003; and the part concerning Article 7 was amended from October 3, 2008 to the above contents. However, for convenience, it is deemed that the part concerning the date ( October 3), among the above rules, was amended to the above contents.

The provisions pertaining to officers and meetings among the following officers shall be as follows:

Article 7. The chairperson of the election of officers shall be elected by the board of directors independently with ratification of the general meeting, and the vice-chairperson and the auditor shall be elected in person at the general meeting.

Directors shall be appointed by the chairperson on the recommendation of the chairperson and the board of directors, and the secretary shall be appointed by the chairperson.

Article 8 The term of office of executive officers of this meeting shall be three years.

Provided, That the reappointment may be allowed.

Article 10 Meetings shall be divided into general meetings and two kinds of meetings of board of directors.

Article 11 The general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting, and the general meeting shall be determined on October 3 each year, and the extraordinary general meeting shall be convened by the chairperson or by a resolution of the board of directors when the chairperson deems it necessary.

When the Chairperson convenes a general meeting, he/she shall give a notice for convening a general meeting 10 days, specifying the matters of the agenda.

Article 14 Matters to be referred to a general meeting are as follows:

1. Rules and regulations;

2. Election of executives and auditors;

C. On April 15, 2012, Defendant Religious Association (i) is an extraordinary general meeting on April 15, 2012 (hereinafter “instant extraordinary meeting”) (hereinafter “instant extraordinary meeting”).

Defendant is present at the meeting of 45 members.

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