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1. Of the instant lawsuit, it is confirmed the absence of a resolution that appointed F as president at the ordinary meeting of February 26, 2014 by the Defendant.
Reasons
1. Basic facts
A. The defendant's status is an incorporated association established with the purpose of promoting national culture and cultivating sound national sentiments through music activities centered on comprehensive price and musical music.
B. On February 11, 2011, the Defendant held a general meeting of shareholders on February 11, 201 and made a resolution to appoint R (hereinafter “resolution of the general meeting of shareholders”) on February 11, 201, the Defendant’s member S filed a lawsuit against the Defendant against the Defendant seeking confirmation of invalidity of the resolution to appoint R as president at the general meeting of shareholders on February 11, 2011 (Seoul Central District Court 201Ga3158) (Seoul Central District Court 201Ga3158), and the above court held on November 22, 2011, on the ground that the Defendant’s member, who is not the Defendant’s regular member, appeared at the general meeting of shareholders on February 11, 201 and confirmed that the above resolution was null and void on the ground that he/she did not restrict voting rights of T and U, who are regular members and U.S. voting rights at the general meeting of shareholders on February 21, 2012.
(2) On February 15, 2012, Plaintiff A et al., a member of the Defendant filed a lawsuit against the Defendant seeking confirmation of invalidity of the resolution of the general meeting of shareholders (Seoul Central District Court 2012Gahap42180), and on April 19, 2013, the Seoul Central District Court rendered a judgment to confirm that the resolution of the general meeting of shareholders was null and void on February 15, 2012, on the ground that Plaintiff A et al., a member of the Defendant brought a resolution without giving a notice of convocation to some of the Defendant’s regular members.
On the other hand, the defendant appealed, but (Seoul High Court 2013Na29082), the Seoul High Court rendered a judgment dismissing the defendant's appeal on January 8, 2014, and the defendant re-appealed and appealed (Supreme Court 2014Da9625), but the Supreme Court rendered a judgment dismissing the defendant's appeal on March 21, 2014 and rendered a judgment dismissing the defendant's appeal on March 21, 2014.