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(영문) 서울남부지방법원 2015.01.29 2013가합19077
임시총회결의 무효확인
Text

1. The Defendant’s decision to appoint each director of C, D, E, F, and G at an extraordinary general meeting on October 13, 2013, and H, I, and J, respectively.

Reasons

Basic Facts

The defendant is an incorporated association established with permission from the superintendent of the Seoul Special Metropolitan City Office of Education on May 20, 2010 for the purpose of various research, seminars, forums, etc. on the mutual exchange of graduates who have completed the highest policy course of L University Policy Graduate School.

At the time of the establishment of the defendant, 98 regular members (not including three duplicate registrations on the list of 101) were total members.

On May 20, 2010, the plaintiff was appointed as a director with the defendant's power of representation.

In the process of the Defendant’s audit from January 2012, when the stamp and password of the above passbook were changed as a result of the accounting process from around January 201, while the Defendant’s regular member and the chief office, E, who was the Defendant’s principal office, was in charge of the Defendant’s affairs, and kept the relevant books, such as the corporate passbook and the membership address register, the said passbook’s seal and password were assigned to the Defendant. On November 27, 2011, on January 31, 2012, E requested the National Bank, a corporation, to suspend payment of the said account.

In October 30, 2012, E applied for a provisional disposition (Seoul Central District Court 201Kahap333, Seoul Central District Court 201) such as suspension of performance of duties on the ground that the Plaintiff interfered with the work of the president of E, even though the resolution of dismissing the Plaintiff from the president at the special general meeting on October 30, 201, the appointment of the Plaintiff from the extraordinary general meeting on November 27, 201, and the appointment of E as a standing director and the appointment of the president to act on behalf of the president.

However, on March 29, 2012, the above court dismissed each of the above decisions without a request for convening at least 1/3 of regular members, and without the approval of the superintendent of the Seoul Special Metropolitan City Office of Education, which is the supervisory authority. In the Seoul High Court case No. 2012Ra601, Apr. 1, 2013, the appellate court also rejected the above decisions by deeming the defects in the convocation procedure to be invalid. In addition, in addition to the above reasons, the majority of regular members, which are the requirements for convening the extraordinary meeting and the notification stating the agenda items of the meeting one week prior to the extraordinary meeting

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