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(영문) 서울행정법원 2016.07.22 2016구합53647
임시이사 선임처분취소
Text

1. A disposition of provisional directors appointment made by the Defendant against D, E, F, G, H, I, and J on January 29, 2016 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

The term of office in the name of the director recommendation classification, and the term of office of the first director under the Private School Act was legally appointed before a temporary director under the previous director's Private School Act was appointed, referring to the last fixed director retired.

Plaintiff

A Director 2 former Director B from November 1, 201 to October 31, 2015, and 3 former Director C from November 1, 2011 to October 31, 2015, 3 former Director C from November 1, 201 to October 31, 2015, and the term of office of the Plaintiff C from November 1, 201 to October 31, 2015 to October 31, 201, the Plaintiffs were 5 members and directors within the 5th school from November 1, 201 to October 31, 201, and the term of office of the Plaintiff C Director from November 1, 201 to October 31, 2015 to 31, the Plaintiffs were 6 Defendant K’s executives within the 5th school, and the term of office from October 21, 2011 to 31, 2017.

On December 31, 2013, the Defendant, on the ground that the entire K directors, including the Plaintiffs, have a dispute between executives, a vacant officer (one open director, two auditors), a non-appointed officer, and a failure to appoint four schools (LL University, M University, R School, and S School) to take corrective measures until January 20, 2014, on the ground that there was an obstacle in operating the school due to the failure to appoint the officers, and the corrective measures to recommend two candidates for regular directors after the expiration of their terms of office, and submit the result thereof.

On March 14, 2014, the Defendant revoked the approval of taking office to five directors of K, including Plaintiffs,O, and N, pursuant to Article 20-2 (1) 1, 2, and (2) of the Private School Act, and notified K and the Plaintiffs (hereinafter “instant cancellation disposition of taking office”), and on March 14, 201, the Defendant notified the Plaintiffs of the cancellation disposition of taking office.

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