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(영문) 부산지방법원 2017.12.13 2017가합43353
총회결의무효 확인의 소
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. The Defendant’s appointment of D as president, E, F, and G as director on February 1, 2016.

Reasons

1. Basic facts

A. The Defendant is an incorporated association established on September 20, 2006, and is established as an I University (J University around September 20, 1982) located in the Htel No. 501 of the Busan Jtel, and changed its name on November 22, 1992. On November 11, 2006, the Defendant transferred its school affairs to the said Officetel (hereinafter “I University”).

B. On February 1, 2016, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and amended the articles of incorporation (title also changed from “K of an incorporated association to “E”) and made a resolution to appoint E, F, and G as chief director (hereinafter “D”) and to appoint E, F, and G as chief director.

Article 5 (Members) (1) Members of the plenary session shall be composed of those who consent to the establishment purpose of the plenary session, and who submit an application for prescribed attendance and obtain the approval of the board of directors

(2) The prescribed number of members shall be not less than 100, and it may be increased by a resolution of the board of directors.

Article 6 (Qualifications for Members) (1) Members of the plenary session shall be those who have obtained qualifications pursuant to Article 5 (1).

Article 9 (Types and Fixed Number of Officers) The Association shall have the following officers:

1. One chief director;

2. One standing director;

3. Not less than six and not more than nine directors (including the chief director and the standing directors), Article 10 (Appointment of Officers) (1) The officers of the plenary session shall be elected at the general meeting;

Article 13 (Duties of Officers) (1) The president shall exercise overall control over affairs on behalf of the principal meeting, and preside over various meetings.

(2) The standing director shall assist the chief director and act on behalf of the chief director.

Article 14 (Term of Office of Officers) (1) The term of office of officers shall be two years, and they may be reappointed.

Article 15 (Vicarious Execution of Duties of President) (1) A standing director shall act on behalf of the president when he/she is unable to perform his/her duties due to a temporary accident of the president, and when the standing director is unable to perform his/her duties, the director designated by the

(2) The board of directors shall fill a vacancy.

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