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(영문) 대전지방법원논산지원 2016.06.29 2015가합2324
이사회결의부존재확인의 소
Text

1. The Defendant’s Intervenor C as the Defendant’s director and chief director at the board of directors on October 14, 2015.

Reasons

1. Facts of recognition;

A. From 1965, the Plaintiff was active as the second school principal of the religious organization B, B, and was established on September 21, 2015, and was appointed as the director and the chief director.

E, F, G, and H 4 were appointed as a director without the power of representation.

B. 1) On October 14, 2015, the Intervenor D (hereinafter “D”) sent a text message to the Defendant’s director at around 2015, and around August 2015, that the Defendant’s Intervenor D (hereinafter “D”) was appointed as the Defendant’s secretary general. D received the Plaintiff’s belief and was in charge of the Defendant’s establishment. However, on October 13, 2015, E was notified that “the Plaintiff is dismissed from office in accordance with the order of the Plaintiff.” On this day, D raised an objection. At around 21:34, D sent a text message to the Defendant’s director to convene an emergency board of directors at 12 hours following the following day. (2) D sent a resignation letter to resign the Defendant’s president as of October 14, 2015, and kept the Plaintiff’s seal impression received from the Plaintiff in the course of performing its secretary general.

D has drawn up a resignation in the same manner that the plaintiff resigns from the representative of B on the same day.

3) As of October 14, 2015, D also opened a temporary board of directors at which three remaining (F, G, H), excluding the Plaintiff and E, and D themselves and the Intervenor Intervenor C (hereinafter “C”) (hereinafter “C”), from among five directors of the Defendant on the premise of the Plaintiff’s resignation from office as the president of the board of directors, and prepared the minutes of the appointment of D themselves as directors and directors, and the minutes of the appointment of D themselves as directors. D completed the registration of change of corporation on October 27, 2015. (C) The Plaintiff filed a report on change of personal seal imprint and the Defendant’s personal seal imprint on October 15, 2015. On October 28, 2015, the Plaintiff filed a complaint for a provisional disposition to suspend the execution of his/her duties as the Defendant’s Intervenor’s provisional disposition as the court’s 2015Ka5023, Nov. 13, 2015.

2 F, G, and H shall be effective November 2015 for ratification of the resolution of the above board of directors.

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