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(영문) 부산지방법원 동부지원 2018.02.01 2017가합102760
해임결의무효확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties are organizations organized for the purpose of the relocation complex development project by the residents of the B Village in Busan-gun, Busan-gun, around 2014. The Plaintiff was elected and worked as the chairperson of the Defendant at the time of the establishment of the Defendant, and was dismissed by a resolution adopted at a special meeting on March 23, 2017 (hereinafter “instant resolution”).

B. On March 3, 2017, the defendant's secretary D, on behalf of the defendant's 12 members, requested a special meeting consisting of the plaintiff's embezzlement and request for explanation of the cases suspected of the plaintiff's embezzlement and breach of trust in relation to the relocation complex development project, on behalf of 7 members of the defendant's 12 members, and on March 3, 2017, the defendant's secretary D, on behalf of the plaintiff's 12 members, requested the plaintiff to convene a special meeting within one week after receipt of the request, and if not convening the special meeting, D, etc. shall convene a special meeting. However, on March 15, 2017, the plaintiff, including the defendant's proof of the contents of the special meeting against the plaintiff's office, was again requested to the plaintiff on March 23, 2017.

3) On March 21, 2017, the Plaintiff is not harsh to G, who is the Defendant’s member, and it is not possible to attend a special meeting at the time of aviation cancer treatment. Therefore, the Plaintiff is requested to postpone the holding of the special meeting.

“The content certification was sent.”

4. However, D convened an extraordinary meeting on March 23, 2017, and the defendant held an extraordinary meeting on March 23, 2017, and seven of the 12 members present at the meeting and seven of the 7 members present at the meeting are dismissed from office by the chairperson, and C.

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