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(영문) 부산지방법원 2017.02.02 2016가합40852
이사지위부존재확인
Text

1. Of the instant lawsuit, the part of the claim for the confirmation of the existence of the director's abandonment shall be dismissed.

2. The Defendant was held on December 17, 2015.

Reasons

1. Basic facts

A. The Defendant is a juristic person established on November 9, 2005 with the aim of implementing Buddhist islands and improving the ability of communication, and is equipped with the organization of the general secretary, etc. as the highest deliberative organ, the central council, and the overall control agency of the administrative overall group.

According to the defendant's constitution, the clans representative the clans, and the defendant's articles of incorporation have directors as executive officers.

B. On February 20, 2012, K, the Defendant’s three chief secretary, was in office as the Defendant’s director on February 20, 2012. On April 18, 2014, K, the Defendant’s three chief secretary, prepared a letter of resignation and resignation from office, and submitted it to L, the closing of the office and M, the Defendant’s power of representation, and decided to resign from office at the 32nd Central Council held on June 17, 2014.

C. On October 14, 2014, the election of the president of the General Affairs Office was held, and the N was elected as a non-voting. Since then, the Central Council passed a resolution on invalidation of the election of the president of the General Affairs Office and a non-Confidence resolution in relation to the N's election of the president of the General Affairs Office, and there was a conflict between the Plaintiff and D, E, F, G, H, I, J, etc. (hereinafter "D, etc.").

D, on December 17, 2015, the Defendant held an extraordinary general meeting of the Defendant (hereinafter “instant extraordinary meeting”) and elected D, etc. as a director, and registered the aforementioned persons as a director of the Defendant.

E. On February 20, 2012, the Plaintiff was appointed as the Defendant’s director on February 20, 2015, and was reappointed on February 20, 2015. On January 14:0, 2016, the Defendant’s 38 Central Branch Temporary Council and the board of directors were elected as the Defendant’s president.

F. The provisions pertaining to this case in the defendant's articles of incorporation and the subordinate constitution are as follows.

Article 5 (Qualification of Members) The members of the plenary session shall be those who consent to the establishment purpose of the plenary session and submit an application for prescribed attendance and obtain the approval of the board of directors.

Article 10 (Types and Fixed Number of Officers) The Association shall have the following officers:

1. One chief director;

2. An officer under Article 11, who is not less than five but not more than twenty directors (including a chief director);

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