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(영문) 춘천지방법원 강릉지원 2018.01.09 2017가합30302
임시총회결의무효확인
Text

1. A resolution to appoint C as the president of the Defendant at an extraordinary general meeting held by the Defendant on January 24, 2017 is null and void.

Reasons

1. Basic facts

A. The defendant as the party is a joint set of D, and the defendant is a large class with the purpose of the chinese and chinese by making D as a joint set of D's convictions, strictly strue his talent, promoting friendship among his relatives, and promoting friendship among his relatives. The plaintiff is a final member of the defendant.

B. On August 8, 2015, the Defendant made a resolution to appoint E as the president of the Defendant at an extraordinary general meeting held on August 8, 2015, and appointment of C’s acting director as the auditor of the Defendant. However, on June 28, 2016, the Defendant filed a lawsuit seeking confirmation of invalidity of the said resolution with the court’s winning judgment (Scheon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2015Gahap413). While the Defendant appealed, on November 9, 2016, the lower court (Seoul High Court Branch Branch Branch Branch Office 2016Na101) was sentenced, and the said judgment became final and conclusive on December 2, 2016, by the time when the Defendant filed a lawsuit seeking confirmation of invalidity of the said resolution, and filed an application for confirmation of invalidity of the said provisional disposition with the president of the Cheongcheon Branch Branch Branch Branch Branch Branch Office 2016.

C. G’s delegation of authority could not perform the Defendant’s procedure for selecting the succeeding president in relation to which he/she was at the time when he/she was appointed as an acting representative, as seen above. On August 10, 2016, G delegated the Defendant’s general duties to H, which was the president of the Defendant’s Standing Vice-Chairperson, as the Defendant president. On December 19, 2016, G revoked the delegation of authority to the said H, and made and issued a letter of delegation to the I to delegate all the duties of the Defendant president until the Defendant is elected as the succeeding president.

1 The Defendant, through I, convened the instant special meeting and passed a resolution, shall be attached to the Defendant’s Order on January 5, 2017, and the Defendant’s Order on January 5, 2017.

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