(영문) 창원지방법원 2018.01.18 2016나59383

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(영문) 창원지방법원 2018.01.18 2016나59383

건물인도(명도) 청구의 소

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1. Revocation of the first instance judgment.

2. The instant case is remanded to Changwon District Court Jinju Branch.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a foundation that is not a legal entity established with the property contributed by E as its basic property for the purposes of the law dissemination, the law assembly for this purpose, and the theory of law, and has operated G as its inspector.

E and Defendant 1, K, H, and L hold an inaugural general meeting on March 12, 2004 to determine the articles of incorporation of the instant foundation. The president appointed L as the president, E, the Defendant, I, K, H, H, and auditor. The term of office of directors E, Defendant, H, I, and K set forth in the articles of incorporation as four years and two years.

The provisions pertaining to this case in the articles of incorporation are as follows:

Article 15 (Types and Fixed Number of Officers) (1) The kinds and fixed number of officers to be placed in this corporation shall be as follows:

1. Five directors;

2. One auditor. (2) The directors referred to in paragraph (1) 1 shall include the chairperson;

Article 18 (Methods of Appointment of Officers) (1) Directors and auditors shall be appointed by the board of directors to take office.

(2) Removal of an executive before his/her term of office shall undergo resolution by the board of directors.

(3) If a vacancy occurs in the office of directors or auditors, the vacancy shall be filled within two months.

Article 19 (Selection Method and Term of Office of President) (1) The chairman shall be elected by the board of directors.

Provided, That when the chief director is vacant, a successor chief director shall be elected without delay.

(2) The term of office of the chairperson shall be the period of directors.

Article 20 (Duties of President and Directors) (1) The chairperson shall represent the corporation and preside over the affairs of the corporation, and shall be the chairperson of the board of directors.

(2) Directors shall attend the board of directors to deliberate and resolve on matters concerning the business of this corporation, and deal with matters delegated by the board of directors or the chairperson (excluding matters delegated to standing directors

Article 21 (Acting for President) (1) In the event of an accident by the chief director, a director who is the largest among the directors shall act on behalf of the chief director, and shall without delay take the procedure for election of chief director

Article 24 (Quorum) (1) The board of directors shall be the majority of the registered directors.

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-서울중앙지방법원 2018.11.07 2018가단5019296

-수원지방법원평택지원 2015.04.22 2014가합3667