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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The defendant is an organization consisting of C's 13 years of age E's descendants.
On November 28, 2014, the Defendant held a general meeting on November 28, 2014 (hereinafter “the first general meeting of this case”) and dismissed F in the name of the Defendant’s Chairperson from office on November 21, 2012, and resolved to appoint the Plaintiff as Chairperson.
(hereinafter “the first general meeting resolution”). On November 16, 2015, the Defendant held a general meeting (hereinafter “the second general meeting”) to dismiss the Plaintiff from office for the president, and made a resolution to appoint the Plaintiff as the president.
(hereinafter referred to as “the resolution of the second general meeting of this case.” Articles 9 and 10 of the Defendant’s articles of incorporation, which was in force at the first general meeting of this case and the second general meeting of this case, provide that “a resolution shall be made with the attendance of not less than seven members of a clan, and with the consent of a majority of members present.”
On June 25, 2016, the defendant held a general meeting and passed a resolution to elect G as the chairperson.
(2) On September 21, 2017, F filed a lawsuit against the Defendant seeking confirmation of non-existence of the Plaintiff’s president status by asserting that the resolution of the first general meeting of this case and the resolution of the second general meeting of this case are null and void, respectively, and that the said court rendered a judgment on September 21, 2017 that “the Plaintiff is not the Defendant’s president status.”
The above case is currently pending in the appellate court.
(Seoul High Court Decision 2017Na1542). [Reasons for Recognition] did not dispute, Gap evidence Nos. 2, 4, 8, 18, Eul evidence Nos. 1 and 6, Eul evidence Nos. 1 and 6, and the purport of the whole pleadings is that the plaintiff asserted the purport of the whole pleadings is legitimate and effective, and the plaintiff was legitimately elected as the defendant's chairperson through the first general meeting resolution and the second general meeting resolution of this case, and the term of office of the plaintiff was up to November 27, 2018. However, the defendant newly added G through the third general meeting resolution of this case without undergoing the dismissal procedure for the plaintiff and legitimate general meeting convocation procedure.