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(영문) 서울남부지방법원 2014.02.07 2013가합14522
임시총회무효확인
Text

1. The plaintiff's lawsuit of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The defendant is an incorporated association with the aim of promoting the rights and interests of the elderly, promoting their welfare, volunteer activities, etc. (hereinafter “Korea Senior Citizens Association”).

(2) On February 3, 2012, the Plaintiff was elected as president from the Defendant’s sixth Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of the Defendant on February 3, 2012, and around that time, the Plaintiff appointed C as the principal of the Defendant’s site and D as the Defendant’s adviser.

B. Defendant’s representative’s request for convening an extraordinary general meeting 1) Some of the Defendant’s representatives requested the Plaintiff to withdraw the appointment of the site president, etc. while making an objection against the Plaintiff, but the Plaintiff refused to do so. On November 30, 2012, 45 representatives, including representatives E, demanded the Plaintiff to convene an extraordinary general meeting, which is an agenda for the appointment of an officer. (The letter of request for convening the extraordinary general meeting indicated that the Plaintiff is liable to the Plaintiff even if the Plaintiff, who is the president of the branch, refuses to comply with the said request for convening the general meeting (the letter of request for convening the general

(2) Nevertheless, the Plaintiff did not hold an extraordinary general meeting even upon the Defendant’s delegate’s demand to convene the said meeting.

C. Around May 2013, some of the Defendant’s representatives (41) filed an application for permission to convene an extraordinary general meeting with Seoul Southern District Court 2013Bhap70, and the said court decided on July 10, 2013 that “the Defendant’s foregoing representatives (excluding F, G, H, and I) permit the Defendant to convene an extraordinary general meeting” (excluding F, H, and I). (2) According to the said decision, the Defendant held an extraordinary general meeting on July 25, 2013 and resolved to dismiss the Plaintiff from office with the branch president.

(hereinafter “instant extraordinary general meeting”). D.

The articles of association and operational regulations of the Korean Senior Citizens Association and the defendant related to the defendant's relevant provisions are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap 2, 3, 12 evidence, Eul 3, 6, 7, 8, and 10 evidence (including paper numbers) are all the arguments.

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