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(영문) 서울남부지방법원 2014.10.16 2013가합15259
회장선임결의무효확인
Text

1. The plaintiff N's action is dismissed.

2. All of the plaintiffs' claims except the plaintiff N are dismissed.

3...

Reasons

1. Basic facts

A. In June 2008, the Defendant was an incorporated association established pursuant to the Civil Act with the name of “U of an incorporated association”. However, the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “Korean War Veterans Act”) was amended on January 17, 2012 and came into force on April 18, 2012, and became a corporation under the War Veterans Act (see Article 18-2 of the same Act). In accordance with the foregoing Act, the name was changed to “S organization” around October 2012.

B. On March 24, 2011, the Defendant held a general meeting and passed a resolution to elect T as the chairperson of the Defendant.

Accordingly, on March 28, 2013, some members of the defendant filed a provisional disposition suspending the performance of their duties against T, and on the condition of providing collateral by the Seoul Eastern District Court 2012Kahap2099, the Seoul Eastern District Court rendered a decision of provisional disposition suspending the performance of duties (hereinafter referred to as the "decision of provisional disposition in this case").

However, on March 21, 2013, which was before the decision of the provisional disposition of this case was made, T prepared a letter of resignation stating the Defendant’s resignation of the Defendant’s president. On March 25, 2013, the Defendant’s board of directors held on March 25, 2013 expressed the Defendant’s intention to resign from the Defendant’s president.

Accordingly, on May 16, 2013, some of the above members withdrawn the application for provisional disposition, and accordingly, the execution of the instant provisional disposition was revoked at that time.

C. Meanwhile, on April 29, 2013, the Defendant held a general meeting (hereinafter “instant general meeting”) and again passed a resolution to elect T as the Chairperson (hereinafter “instant resolution”).

In the instant assembly, 213 members of the general assembly were present at the meeting of 229 and voting was held for the election of the president. As a result of the voting, T obtained 148 votes and X 65 votes, and T was selected as the president. D.

The articles of incorporation and other provisions of the defendant in relation to the instant case are as shown in the attached Form.

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