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(영문) 서울서부지방법원 2020.02.13 2019가합30518
이사 및 이사장지위 부존재 확인
Text

1. Each of the actions of plaintiffs A, B, C, D, E, and F shall be dismissed.

2. I does not belong to the defendant's director or chief director's status.

Reasons

1. Determination on the defense prior to the merits

A. The defendant alleged that the defendant was a non-incorporated foundation established on September 19, 200 from the school foundation J of the defendant's main defense before the merits. However, the defendant did not separately enact or amend the articles of incorporation only once after the amendment of the board of directors rules on May 31, 1976.

Until a determination is made as to whether or not the Plaintiffs asserted by the school foundation J of the Plaintiffs, the term “H school” is specified as “H school”. It cannot be deemed that the organization named as “H school” refers to the Defendant. Since there is no substance, the Plaintiffs’ claim in this case itself is unlawful.

In addition, the plaintiffs cannot recognize the benefits of confirmation as they are not legitimate directors of the defendant.

(b) Determination 1) Whether an organization in dispute is a defendant, whether the organization in dispute is a defendant, and whether it is a legal entity Gap, Gap evidence 2 to 4, 6 to 8, 13, 26, 30, 34, Eul evidence 11 (including the number of branch offices; hereinafter the same shall apply);

In full view of the following facts and circumstances that can be acknowledged by comprehensively taking account of the overall purport of the pleadings, it is reasonable to view that the Defendant is a foundation with no capacity to have rights under the name of “H school” established by organizing the articles of incorporation and the operating organization through an independent board of directors independent of the board of directors as to the Defendant on September 19, 200 when the school juristic personJ decided to separate the Defendant on September 19, 200, and decided to establish its own articles of incorporation with respect to the Defendant. On October 15, 2002, it is reasonable to view that the Defendant is a foundation without the capacity to have the right to have the title of “H school” established by arranging the articles of incorporation and the operating organization (the Defendant denies the authenticity of evidence Nos. 20 through 4, but the Defendant denies denies the authenticity of evidence Nos. 20 through 25, 30, 32, and 32, and the entire purport of the pleadings as a whole.

signed in the position of the chief director.

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