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(영문) 서울고등법원 2019.11.07 2018나2059992
이사회결의 무효확인 청구의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. On March 6, 2012, the Defendant was a nonprofit incorporated foundation established by K with its basic property contributed for the purpose of conducting Buddhist projects (hereinafter “Defendant Foundation”), and at the time of its establishment, the Plaintiff, A, and L were appointed respectively as a director, and the director was additionally appointed or replaced by a resolution of the board of directors following the resignation, expiration of the term of office, etc.

Plaintiff

A was appointed as a director at the board of directors on June 1, 2015, and the Plaintiff B was appointed as a director at the same board of directors.

At the time each board of directors is held, the changes in the directors of the defendant foundation shall be as follows:

Name: (1) On February 1, 2015, Board of Directors appointed as additional directors on February 28, 2013; (2) on December 29, 2015, Board of Directors appointed as Plaintiff A (Chairperson) on February 24, 2015; (3) on May 9, 2016, the term of office of the board of directors appointed as of February 24, 2016; (4) on appointment of Plaintiff A, the term of office of directors appointed as of May 14, 2016; (4) on appointment of Plaintiff B (Chairperson); (4) on appointment of senior executives among senior executives appointed as of expiration of the term of office of appointment of Plaintiff A (Chairperson); (3) NA; (4) on appointment of senior executives among senior executives appointed as of expiration of the term of office of appointment of Plaintiff B (President); (4) 6) PE; (3) 1; (5) 1; (5) 1; (5) 1; (4); (1); (5) 2); (1); (1); and (5) 2); (1); and (1) 3) Plaintiff

B. On April 5, 2016, Plaintiff A filed a lawsuit against the Defendant Foundation for the confirmation of each invalidation of a resolution that appointed G as the president and a resolution that appointed N,O, P, R, and G as the chief director on February 24, 2016, which was rendered by the board of directors of the Defendant Foundation, as Suwon District Court Branch Branch Branch Branch Office 2016Gahap5442, and on February 24, 2016. On November 16, 2016, the said court rendered a judgment accepting the Plaintiff A’s claim, and the said judgment was appealed by the Defendant Foundation as Seoul High Court 2016Na2083083, but the said court appealed on August 17, 2017.

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