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(영문) 서울북부지방법원 2018.11.29 2017가합1459
대의원총회결의무효확인
Text

1. The plaintiff (appointed)'s lawsuit shall be dismissed;

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The party status is an incorporated association established on September 2, 1963 with the purpose of contributing to the enhancement of the people's lives and the national prestige by training the mind and body through C and developing and distributing it. The plaintiff (appointed party; hereinafter "the plaintiff") is the defendant's representative, the designated party is the defendant's member, and the designated party is the defendant's member who works as the executive officers of the City/Do branch office.

B. On July 5, 2016, this Court decided to grant the authority to elect the executives (the president, vice-chairperson, directors, and auditors) stipulated in Article 19(1) of the Defendant’s Articles of Incorporation (as before August 9, 2008), in the case of re-election of the chief of an extraordinary session of this Court No. 2015 non-conforming24 by the Plaintiff, D, E, and F, with the Defendant’s extraordinary director (representative directors) and to appoint attorneys as the chief of the extraordinary session of this Court; the Defendant’s representatives (10 excluding H, among the 11 representatives elected at the board of directors of the 83th meeting of August 9, 2008), to convene the board of representatives; the Plaintiff and the representative were present at the representatives’ meeting of this case; and the Plaintiff and the representative were directly present at the representative’s general meeting of this case; and the Plaintiff and the representative elected as the chief of the extraordinary session of this Court.

At the general meeting of this case, P independently run for the Chairperson, four representatives consented to the election of P Chairperson, and four representatives opposed thereto.

Accordingly, in applying Articles 27 (1) and 28 (2) of the defendant's articles of association, G of a special meeting director declared that P has been elected as the chairperson in the event of the approval and disapproval.

C. The Plaintiff and the designated parties, including the decision of provisional disposition suspending the performance of their duties, are as follows: (a) this Court No. 2017Kahap150 against P at the time of the instant lawsuit.

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