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(영문) 서울중앙지방법원 2015.02.06 2014가합29952
사원총회결의무효확인
Text

1. A resolution that appoints D as the chief director at an extraordinary general meeting of the Defendant on June 5, 2014 is invalid.

2...

Reasons

1. Basic facts

A. Defendant Incorporated Association C (former title: Incorporated E; hereinafter “Defendant Federation”) is an incorporated association established on October 20, 2008 for the exchange, support, etc. of G, H and I dispatched to F from 1963 to 1977, and the Plaintiffs are members of Defendant Federation.

(A) evidence of heading 1, 2.b.

The inside of the Defendant Federation had several disputes in relation to the operation thereof, the election of officers thereof, etc., but the J applied for the appointment of a temporary representative (director) of the Defendant Federation by Seoul Central District Court 2014 non-conforming47, and the said court appointed D as a temporary director of the Defendant Federation on April 14, 2014 pursuant to Article 63 of the Civil Act.

(A) evidence of heading 4.c.

After that, D, as a temporary director of the defendant federation, sent a notice of convening an extraordinary general meeting (No. 3-1) to the members of the defendant federation on June 5, 2014.

The above notice of convocation was written as an agenda item, such as the “election of officers including the chief director” and the “revision of the articles of association” were accompanied by the proxy voting (Evidence A-2-2). However, the above letter of proxy was written as stating that the name and address of the “Mandatary” was blank, and that “If the mandatory does not separately designate, it would be delegated to the temporary (director) representative of the Federation.”

Around 14:00 on June 5, 2014, the Defendant Federation held an extraordinary general meeting for the election of executives and the modification of the articles of association (hereinafter “instant extraordinary meeting”). A resolution was made to appoint D as the chief director through the vote of members (hereinafter “resolution of the instant extraordinary meeting”) in the said extraordinary general meeting.

E. At the time of the instant special meeting, the number of the registered members of the Defendant Federation was total of 477 persons. Of them, only 344 persons were present, and some members submitted their proxy voting rights.

(C) . [In the absence of dispute] . [Grounds for recognition], Gap, 1, 3, 2, 4, and .

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