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(영문) 광주지방법원순천지원 2017.06.28 2016가합11975
이사회결의무효확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Foundation is an incorporated foundation established for the purpose of carrying out business activities, such as the establishment and operation of private charnel facilities. The promoters were the promoters, C, and D, and the fundamental property was KRW 500 million deposited in the Busan Savings Bank, Busan Savings Bank, Inc. (hereinafter “Seoul Savings Bank”). Since then, the land and new buildings and facilities were successively added to the land and new construction facilities in order, and the deposit KRW 500 million was deleted.

B. Article 5 of the Addenda to the Articles of Incorporation of the Defendant Foundation provides that “The funds necessary to achieve the objectives of this corporation shall be funds raised by Busan Mutual Savings Bank, Busan Mutual Savings Bank, Busan Mutual Savings Bank, and other financial institutions within the scope of KRW 41 billion, and in relation to this, mortgage and superficies shall be established on fundamental property.” Article 6 of the Addenda provides that “The collateral security and superficies shall be immediately cancelled upon the completion of the repayment of the funds under the preceding paragraph.”

C. The board of directors of the Defendant Foundation decided to delete paragraphs (5) and (6) of the Addenda to the above Articles of Incorporation on February 28, 2011 (hereinafter “instant board of directors”) and obtained permission from the competent authority on March 3, 201.

Busan Savings Bank was declared bankrupt on August 16, 2012, and the plaintiff was appointed as the bankruptcy trustee of Busan Savings Bank.

【Evidence of Evidence Nos. 1-1, 2, 2, 6, 8, 9, 52

2. Determination on the legitimacy of the instant lawsuit

A. As the Plaintiff’s assertion is a de facto nominal person and not authorized by the board of directors of the Defendant Foundation, the instant lawsuit seeking confirmation of non-existence or invalidity of the resolution by the board of directors of the instant foundation by asserting that the resolution by the board of directors of the instant case was made by an unauthorized person, the parties to the instant lawsuit shall claim the interest of confirmation

(1) The Plaintiff’s assertion Busan Savings Bank is the actual founder of the Defendant Foundation and the Defendant Foundation.

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