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(영문) 의정부지방법원고양지원 2017.10.11 2017가합73245
이사선임결의 무효 등 확인
Text

1. Of the instant lawsuit, a resolution passed on March 1, 2016 on the appointment of each director listed in the Defendant’s attached Form 1 at a general meeting (approval).

Reasons

1. Basic facts

A. The defendant is an incorporated association with the purpose of building golf courses in Seoul, spreading and developing golf courses, and promoting the friendship and physical strength of its members, and the plaintiff is the defendant's member.

B. On March 1, 2016, the Defendant: (a) held a general meeting on March 1, 2016, and appointed C as the president; (b) C was appointed as the Defendant’s director from among individual members with at least five years of membership on the same day, each of the directors listed in attached Table 1 (hereinafter “each of the instant directors”) from among the Defendant’s directors (one of the directors listed in paragraphs 1 through 5), and each of the instant directors of this case completed the registration of his/her appointment (any of the directors listed in paragraphs 1 through 5 above) on April 6,

C. On June 18, 2016, the Defendant: (a) held a board of directors on June 18, 2016; (b) made a resolution in attached Form 2(1) stating that “In order to raise funds for the construction of a golf practice range, all regular members shall be exempted from green fee; (c) B shall be granted to make a contribution to pay KRW 5 million on a voluntary basis (hereinafter “resolution of the first board of directors”); (d) held a board of directors on June 17, 2017; and held a meeting of directors on June 17, 2017 to grant a loan with interest of KRW 10 million or KRW 500,000,000,000 from August 1, 2017; and (c) made a resolution in attached Form 2(2) (hereinafter “resolution of the board of directors”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 6 and 7, the purport of the whole pleadings

2. On March 1, 2016, the Plaintiff determined ex officio as to the claim for confirmation of the absence of a resolution to appoint a general meeting (approval) by the Plaintiff. Although Article 16 subparag. 1 of the Defendant’s articles of incorporation provides that the appointment of directors shall be subject to a resolution (approval) by the general meeting, the Defendant’s chief director did not obtain a resolution (approval) by the general meeting even if he/she selected and appointed each of the instant directors on March 1, 2016. Therefore, the Defendant’s each of the instant

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