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(영문) 수원지방법원성남지원 2017.10.31 2016가합206594
(대표)이사지위등부존재확인
Text

1. Defendant F, G, and H among the plaintiffs' lawsuits against Defendant F, G, and H and against Defendant E livestock farming association corporations.

Reasons

1. Basic facts

A. On February 26, 2001, Defendant EFF farming association (hereinafter “Defendant EFF farming association”) is an incorporated farming association that completed the registration of incorporation with the number of contribution units of at least 30,000 shares of the Plaintiff A, the Plaintiff C (A’s children), the Plaintiff B (A’s children), the Plaintiff D (A’s birth), the I, the J, and the K as 30,00 shares.

B. On August 3, 2001, Plaintiff A and B transferred the entire number of contribution units to L on a August 3, 2001, and withdrawn from the status of the Defendant’s member, and L and M were new members on the same day, and L was appointed as the representative director of the Defendant Union.

C. After that, on February 2, 2002, the Defendant Union composed of L, K, I, I, and Plaintiff D and four members, and held L, I, and Plaintiff D each 9,000 shares, and K 3,00 shares, and determined the ratio of association members and contribution units, and appointed I, Plaintiff D as directors and auditors, respectively.

Plaintiff

D, on July 2005, D, K, and I issued to L a sales contract to the effect that they sell the entire number of contribution units through Plaintiff A, with the amount of sale in blank, affixed a seal imprint affixed thereto. L, at that time, issued a sales contract to Defendant F, which sells the entire number of contribution units with the above sales contract and the number of contribution units.

E. On the other hand, on July 15, 2005, the corporate register of the defendant union was registered as a director and a representative director, N,O, and defendant H, respectively, who retired from the office of director, from the office of director, from the office of director, from the office of director, from the office of director, from the office of director, from the office of director, from the office of director, from the office of director, from the office of director, and the office of director of defendant G on August 18, 2007.

F. On November 4, 2009, Plaintiff A, B, C, and D made a resolution to appoint F,O at the general meeting of partners on July 15, 2005, as a director, H as an auditor, and the Defendant appointed F as the representative director at the board of directors on July 15, 2005, and a resolution to appoint G as a director at the general meeting of partners on August 18, 2007, with the purport that “no resolution to appoint a director at the general meeting of partners shall exist.”

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