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(영문) 서울고등법원 2016.04.21 2015나20096
총회무효확인
Text

1. Of the judgment of the first instance court, the part of the claim for confirmation that D is not the defendant's representative shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a family-friendly organization organized and operated pursuant to the bylaws with the aim of promoting the friendship of all the officers of the nation-wide.

B. On September 1, 2010, C, as the Defendant’s auditor, announced the convening of an extraordinary general meeting to the E Press to the effect that “the Defendant’s convening of an extraordinary general meeting on September 12, 2010,” and accordingly, on September 12, 2010, the Defendant’s extraordinary general meeting (hereinafter “instant extraordinary general meeting”) was held.

C. At the instant special meeting, 25 persons, including C, attend the meeting of 25 persons, including C, to establish a committee for the recovery and relief (hereinafter “the Countermeasure Committee”), to delegate the Defendant’s authority to execute the duties to the Countermeasure Committee, and to enact regulations of the Countermeasure Committee, and to pass a resolution as set forth in attached Form 1 through 3, which is selected by the members of the all recovery and relief countermeasure committee (hereinafter “measures Committee”).

In addition, immediately after the completion of the special meeting of this case, the countermeasures committee members made a resolution in accordance with Paragraph 4 of the attached Form "Resolution subject to Confirmation" in which AF was appointed as the chairperson, the vice-chairperson, and the general secretary as the chairperson of the Countermeasure Committee.

In addition to the resolution of paragraphs 1 through 4 of the "Resolution subject to Confirmation", the resolution for confirmation shall be indicated individually in the same manner as the "Resolution of Paragraph 1".

E) Around 2006, the Defendant registered the business regarding the real estate rental business at the tax office (registration number AH, November 201, 201, the name of the Defendant’s representative was changed from S to D on the registration date.

In addition, regarding AI apartment 101 Dong 703, Seodaemun-gu, Seoul, the right to collateral security was established in the name of the defendant, but the name of the representative of the defendant was changed from S around November 201 to D.

In addition, the defendant has received membership fees from the members through the street land, and the name of the representative of the defendant registered with the Financial Settlement Service is D.

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