Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is an incorporated association under the Civil Act established pursuant to Article 59 of the Food Sanitation Act, and the principal office in the register of corporate register is Seongbuk-gu Seoul (hereinafter referred to as the "instant land").
Article 21 (Matters to be Resolved by General Meeting) The following matters shall be resolved at a meeting:
4. The board of directors under Article 26 (Resolution of Board of Directors) of the matters concerning the acquisition and disposal of fundamental property shall deliberate and resolve on the following matters:
1. The agenda items to be referred to the general meeting and matters entrusted to the general meeting;
1.The assets of the Association shall be divided into fundamental property and ordinary property.
2.The Association shall have the following basic property and the other property shall constitute ordinary property:
(b) Other property (real estate and other property of the central branch office, branch office, real estate and other property) determined to be incorporated into the basic property by the board of directors are as follows:
The property status of the Plaintiff’s meeting minutes of the regular general meeting of the fiscal year 2017 shall be equal to the amount of the basic property acquired as of the end of 2015 and the end of 2016, while the land of this case is stated as basic property in the remarks column thereof.
On February 2, 2017, the Plaintiff obtained a loan of KRW 400 million from D (hereinafter referred to as “D”) and completed the registration of the establishment of a mortgage with regard to the instant land and its ground buildings (the same as the real estate stated in the attached Table; hereinafter referred to as “instant real estate”) as the Seoul Northern District Court’s Eastern District Court No. 7441, February 1, 2017, the Plaintiff completed the registration of the establishment of a mortgage with regard to the instant land and its ground buildings (hereinafter referred to as “instant real estate”).
(hereinafter referred to as “the instant collateral security”. Around February 2017, E, who was a director with the Plaintiff’s representative authority at the time of the pertinent loan, issued D’s employees the minutes of the board of directors’ meeting on January 31, 2017, on which the nine seals of the Plaintiff’s nine directors, including E, affixed, was affixed, even if the said loan was not a resolution of the Plaintiff’s board of directors or the general meeting.
D December 27, 2017 F.