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(영문) 서울서부지방법원 2018.09.13 2018가합30696
임시총회무효확인
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a non-profit non-profit private organization registered with the Ministry of Health and Welfare pursuant to Article 4(1) of the Support for Non-Profit Non-Governmental Organizations Act, and was established to provide various welfare and medical care services to the elderly and to improve their expertise.

C Association(hereinafter referred to as the "Out-of-the-Counter Association") is a non-profit non-governmental organization established to develop the long-term care insurance system for the elderly and improve the expertise of caregivers.

B. The Plaintiff and the Nonparty Association agreed to establish an integrated organization representing caregivers with the Ministry of Health and Welfare to obtain permission for establishment of an incorporated association from the Ministry of Health and Welfare, constituted an integrated promotion committee with executives representing the Plaintiff and Nonparty Association, and held an inaugural general meeting on December 27, 2016 (hereinafter “instant integrated inaugural general meeting”) after undergoing seven meetings on the name of the integrated organization, the composition of officers, and the succession of rights and obligations from September 2016.

C. The general meeting of the instant case resolved on the agenda items listed in the separate list 1, and specifically, the name of the integrated organization was designated as “an incorporated association D” and the purpose of the integrated organization was to contribute to promoting the expertise and rights and interests of caregivers, thereby contributing to promoting the health and welfare of the elderly and improving the quality of life of the people. The integrated articles of association, which are internal rules of the integrated organization

In addition, the first president (three years of office), the president E, the first vice president, and the second presidents, the president of the non-party association, and the other executives such as directors and auditors were elected.

In addition, the case of approval of the business performance and the settlement of accounts in 2016 has been resolved to be delegated to the board of directors for the reason that both organizations have not completed the settlement of accounts by the above time, and the case of approval of the business plan (the plan) and the budget (the plan) in 2017 is approved, but the detailed budget bill is delegated to the board of directors.

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