logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.05.31 2017가합22700
이사등기말소
Text

1. On November 15, 2016, the Defendant: (a) the registration procedure for the retirement of a director based on resignation to Plaintiff A; and (b) August 10, 2015 to Plaintiff B.

Reasons

1. Basic facts

A. The Defendant was established on May 17, 2006 on June 7, 2006, as an implementer of an urban development project of the Ulsanbuk-gu Seoul Metropolitan Government D Daily, which was established on May 17, 2006 as an implementer of an urban development project.

The Plaintiffs, as landowners and members of the above urban development zone, were appointed respectively as the Defendant’s director on May 17, 2009.

B. The Defendant, including the Plaintiffs, had 11 directors. Of the Defendant’s directors, E and F transferred their land in each of the above urban development zone to another person on July 31, 2012, and G lost the Defendant’s membership and status as a director by transferring it to another person on October 15, 2014, and the Defendant left 8 directors.

C. After that, on August 10, 2015, Plaintiff B sent a letter of resignation to resign from the Defendant’s director and was served to the Defendant around that time, and Plaintiff A sent a letter of resignation to resign from the Defendant’s director on November 14, 2016 and was served to the Defendant on November 5, 2016, the following day.

On the other hand, the contents of the defendant's articles of incorporation are as follows.

XI.(Executive Officers and Representatives) This Union shall have the following executive officers and delegates:

1. Executive officers: One president, ten directors, two auditors, and one executive director;

2. Representatives: At least 10/100 of the total number of union members, and Article 12 (Appointment of Executives and Representatives) (1) The president, representatives, directors and auditors of an association shall be elected at a general meeting from among union members, and a person who has obtained a majority of votes in voting shall be appointed as executive officers and representatives;

(2) In addition to the officers and delegates who have been appointed with many votes obtained at the general meeting by voting, no more than 3 to 15 persons shall be elected, respectively, and the candidates may be automatically succeeded according to the candidate order in the event a vacancy occurs.

(3) Executive directors may be nominated by the president of the partnership from among the directors, and may appoint those in charge of technical and managerial directors with the approval of the board of directors, if necessary.

(4) Notwithstanding paragraph (2), if a vacancy occurs in the office of an executive, such vacancy shall be elected within three months from the date of occurrence of the vacancy.

arrow