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(영문) 서울서부지방법원 2020.07.16 2019가합37946
총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is an incorporated association established with the purpose of supporting the operation of welfare facilities for the aged as its members or the representative of a corporation, promoting the rights and interests of the welfare facilities for the aged, and contributing to the development of the welfare for the aged. The plaintiff A and the plaintiff B are both the plaintiff E and the F Director.

B. From February 20, 2019 to February 21, 2019, the Defendant made a resolution to appoint the head of “H Care Center for the Aged” as the president at the first ordinary meeting of the year 2019, which was held at the Yongsan-gu Seoul Metropolitan Government G Building (five floors) (hereinafter “instant resolution”).

C. Of the Defendant’s articles of incorporation and the provisions on the appointment of officers, the parts relating to this case are as follows.

Article 1 (Purpose) The purpose of the Articles of Incorporation is to contribute to the development of welfare for the aged in Korea by providing support for all matters necessary for the rational operation of member facilities, strengthening of ties and rights and interests among the members, and satisfying the government policies.

Article 5 (Composition of Members) The members of the plenary session shall be composed of the following persons who have completed the prescribed membership procedures via the local associations under Article 25:

1. Regular members: The head of a facility for the aged or the representative of a corporation;

2. Special members: The representative of a corporation supporting the purpose and purpose of the plenary session;

3. Honorary members: Individuals and organizations supporting the purpose and purpose of the plenary session; Article 6 (Members' Rights and Duties) Members of the plenary session shall have the following rights and duties:

1. A regular member: A person shall have the right to vote and to be elected, have voting rights, and shall have the obligation to pay the prescribed membership fees and charges;

2. Special members: They shall have rights and duties equivalent to regular members;

Article 7 (Withdrawal, Disqualification, etc. of Members) (2) If a member falls under any of the following subparagraphs, he/she shall lose his/her qualification:

1. Where a report on the withdrawal of a member has been filed;

2. Closure of a facility; and

3. That he/she has not fulfilled his/her obligation to pay membership fees or various charges for at least one year;

4. When he commits a serious violation of the articles of incorporation of this corporation;

Article 8. Officers.

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