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(영문) 서울남부지방법원 2018.10.11 2018가합1088
직무대행자지위확인의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B is an incorporated foundation established to promote inducement and cultural development by maintaining literature and seedlings in Seoul Special Metropolitan City and operating educational and educational projects.

The plaintiff is a chief secretary-general of defendant B.

B. On November 9, 2014, Defendant B held an election of executive officers of the Foundation (hereinafter “instant election of executive officers”) and as a result, Defendant B was elected as the chief executive officer of Defendant B, E, F, G, H, I, and J as Defendant B’s director, and K as Defendant B’s auditor.

(hereinafter referred to as “D, etc.” for those elected as executive officers of Defendant B through the instant election of executive officers.

L, M, and N (hereinafter “L, etc.”) with the right to vote of executive officers of Defendant B filed an application against D, etc. on December 2, 2014 for the provisional disposition of suspending the performance of duties under this court’s 2014Kahap20309.

On March 5, 2015, this Court rendered a decision to appoint Defendant C, an attorney-at-law as an acting representative of Defendant B, upon accepting L, etc.’s application (hereinafter “instant provisional disposition order”).

The order of the provisional disposition of this case is as follows.

1. D Until the judgment on the merits of the claim for nullification of the appointment of an officer of a foundation between L, etc. and the defendant B becomes final and conclusive, D shall not perform the duties as the chief director of the defendant B, E, F, G, H, I, I, and J as the defendant B director, and K shall not perform the duties as the defendant B auditor respectively;

2. The defendant C shall be appointed as the chief director of the defendant B's acting director during the period of suspension of execution of duties, such as D;

L et al. filed a lawsuit against Defendant B on May 7, 2015 against this Court 2015Gahap104030, and this Court rendered a judgment on October 22, 2015 that “The election of executive officers of this case shall be confirmed as invalid” (hereinafter “instant judgment”).

Although Defendant B appealed in the above judgment, the Seoul High Court dismissed Defendant B’s appeal on June 17, 2016 (Seoul High Court Decision 2015Na2069028), and Defendant B appealed, but the Supreme Court appealed on September 28, 2016.

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