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1. Ascertainment that a resolution that the Defendant appointed C as the president at an extraordinary general meeting of December 16, 2013 is invalid.
2...
Reasons
1. Basic facts
A. The defendant is an incorporated association established on August 24, 1994 based on the Local Cultural Institute Promotion Act for the purpose of developing and researching local culture B and promoting culture, and the plaintiff is a member of the defendant.
B. D, who held office as the president of the Defendant on August 13, 2010, issued a summary order of KRW 1 million (this court approximately 2010 high-ranking5432) due to the crime of occupational embezzlement, and finalized on September 17, 2010, he/she lost his/her position pursuant to the proviso to Article 17(4) of the Defendant’s Articles of Incorporation on the ground that a criminal prosecution was instituted in connection with his/her duties while in office and the punishment was finalized. Pursuant to Article 18(2) of the Defendant’s Articles of Incorporation, C, who was the largest person among the vice presidents, was authorized to act as the president on behalf of the Plaintiff at the time, was appointed as the president, on May 23, 2011 as the president’s acting representative, announced “an extraordinary general meeting for the director of the second B cultural center on May 23, 201.” Accordingly, C was elected from the Defendant’s extraordinary general meeting held on May 23, 2011.
[Judgment on May 23, 201, as to the resolution to appoint C as the president at the extraordinary general meeting of this Court, was rendered on May 3, 2013 that the said resolution was null and void on the ground that the said extraordinary general meeting had a serious defect in the convocation procedure (Counterclaim), and the said judgment was rendered on May 1, 2014 at the appellate court to dismiss all appeals on May 1, 2014, and the said judgment of the first instance court became final and conclusive on August 26, 2014.
Then, on July 18, 2013, the Seoul High Court Decision 2012Ra1555 in the instant case between the Plaintiff and C, the instant case was decided to suspend C’s performance of duties until the said judgment became final and conclusive on the condition that the Plaintiff deposit KRW 3 million as security, on the condition that the Plaintiff deposit the said amount of KRW 3 million. However, the Defendant is called “the first special general meeting resolution” in which C is appointed from the special general meeting of September 25, 2013 (hereinafter “the first special meeting”).