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(영문) 서울중앙지방법원 2015.11.19 2015가합9634
총회결의무효확인
Text

1. The Defendant’s appointment of D as the president at an extraordinary general meeting of March 29, 2015 confirms that the resolution is null and void.

2...

Reasons

1. Basic facts

A. The Defendant is a non-profit incorporated association established for the purpose of promoting and promoting research of important intangible cultural heritage E.

B. In the special meeting held on March 29, 2015, the Defendant held an election of the president under the premise that the total number of 77 members is 77. As a result of voting, the Defendant: (a) held an election of the president in the presence of 57 members; and (b) held that D, among the candidates, obtained 25 votes, F, 13 votes, and G 12 votes, and elected D, the largest winner, as the president.

(hereinafter the above general meeting refers to the “instant general meeting,” and the above resolution is referred to as the “instant resolution”).

The plaintiffs participated in the E successor training conducted by the defendant in Samsung-dong Intangible Cultural Heritage Transfer Center in Gangnam-gu, Seoul, and passed the E successor Selection Examination conducted after education, and the plaintiff Eul was issued a certificate of successor scholarship that the plaintiff Eul was selected as successor scholarship student with culture and will to transmit skills and arts as successor scholarship students on March 1, 2003.

The parts related to the instant case in the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) are as follows:

Part II Members Article 5 (Qualifications for Members) (1) Members shall be classified into regular members and associate members.

(2) Regular members shall be artistic skills holders, assistant instructors for successor training, trainees for successor training, and apprentices, and associate members shall be those who have conducted activities for at least three years with their consent or approval by the board of directors, and shall be those who have fulfilled their duties under Article 7.

(3) A quasi-member shall be a person who gives consent to the purpose of the plenary session and submits an application for membership, and fulfills the obligations under Article 7 with the approval of the board

Article 7 (Duties of Members) Members shall have the following obligations:

1. Compliance with the articles of association and regulations;

2. Performance of the resolution by the general meeting and the board of directors;

3. If a member under Article 8 (Withdrawal or Loss of Qualification of a member) desires to withdraw from the principal meeting, he/she shall submit a written withdrawal to the Chairperson and submit a written withdrawal;

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