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(영문) 서울중앙지방법원 2016.08.19 2015가합28055
임시총회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the plaintiff (appointed party) and the appointed party C.

Reasons

1. Basic facts

A. The defendant's status and organization 1) The purpose of the defendant is to make efforts to improve national sports through D development, such as the protection and fostering of D players, and to instruct, manage, and supervise all registered persons engaged in D business (license holders) so that they can perform their duties in accordance with regulations and regulations. 2) A general meeting, which is a decision-making organ within the defendant, and a board of directors which is an executive organ, exists.

Among them, a general meeting shall function as an institution comprised of directors, 20 representative members in charge of sports, 20 branch presidents, and an organization consisting of the heads of branch presidents, which shall deliberate on and resolve matters concerning the election and dismissal of executive officers, and the board of directors shall function as a committee comprised of a chairperson (one person), vice-chairpersons (less than five persons), and directors (not less than eight but not more than 15 persons including the chairperson, vice-chairpersons, and secretary general

B. The change of an officer before the general meeting of January 7, 2012 is 1) The defendant's certified transcript of corporate register is the chairperson E on January 6, 2008 (the representative director; hereinafter referred to as the "chairperson").

(2) On October 23, 2009, the Defendant’s members retired from office as the Chairperson at an extraordinary general meeting held on October 23, 2009, the said resolution was later finalized to be null and void due to the lack of intention and quorum in a lawsuit thereafter.

[1] The Seoul Central District Court Decision 2010Gahap5590, 7281 (Joint), the appellate court: Seoul High Court Decision 2010Na79475). 3) Accordingly, S resigned from office as chairperson and director on November 2, 201, and later, C was appointed as the representative director at the Defendant’s board of directors, but C also resigned from office as chairperson acting as director and director on December 2, 201. Meanwhile, on the other hand, on December 2, 2011, 201, 205 MaMa and R were dismissed from office as director and director. 4)

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