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(영문) 전주지방법원정읍지원 2017.07.12 2016가합2333
이사회결의부존재확인
Text

1. The Defendant’s board of directors dated July 27, 2015 did not have a resolution to appoint Nonparty C, D, and E as each director.

Reasons

1. Basic facts

A. The defendant is a non-profit religious corporation established on April 7, 2003, and the main contents of the articles of incorporation (Evidence No. 5) prepared and kept by the competent authority at the time of its establishment are as shown in the attached Form.

[On the other hand, among the evidence submitted to this court, there are the articles of incorporation (Evidence A 2) as of January 1, 2014, and the articles of incorporation as of July 2, 2007 (Evidence A 10). However, each of the above articles of incorporation seems to have not gone through the procedure of amendment by the articles of incorporation and the procedure of permission by the competent authority under Articles 45(3) and 42(2) of the Civil Code at the time of establishment.

As of March 31, 2010, J, H, I, and the People's Republic of China, was appointed as the defendant's director. On June 30, 2011, the remaining directors, other than J, resigned from June 30, 201. On the same day, the plaintiff was appointed as the representative director, non-party D, K, and L respectively. The defendant's directors were composed of the plaintiff, non-party D, K, L, and J since June 30, 201.

C. However, on August 6, 2015, with respect to the defendant, "registration of retirement from office due to the expiration of the term of office against the plaintiff, non-party D, K, L, and J" and "registration of the appointment of each director at the board of directors resolution of July 27, 2015 (hereinafter "resolution of the board of directors of this case") (hereinafter "registration of change of executive officer of this case"). At the time of filing an application for registration of change, the application for registration of change was accompanied by the minutes of the board of directors meeting of July 27, 2015 (hereinafter "the minutes of this case") of which the notary public certified as No. 1541 as the law firm freedom, etc. on July 27, 2015 (hereinafter "the minutes of this case") were accompanied by five directors from among the meetings of this corporation at the end of July 10, 2015 (Plaintiffs, non-party D, and director D) at the expiration of the term of office of the plaintiff 31 and the chairperson.

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