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(영문) 청주지방법원영동지원 2016.10.19 2015가합652
이사 및 대표이사 권한 부존재 확인의 소
Text

1. It is confirmed that Nonparty C is not the Defendant’s director or representative director.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The parties 1) The Defendant is a social welfare foundation that completed the registration of incorporation on January 15, 2004 for the purpose of establishing and operating medical welfare facilities for older persons based on the Social Welfare Services Act. 2) On December 3, 2014, the Plaintiff was appointed as the Defendant’s representative director C’s representative director according to the decision of the Cheongju District Court, Youngju District Court’s Young-dong Branch, 2014Kahap36 on December 3, 2014.

B. On May 27, 2014, the Defendant held a temporary board of directors on May 27, 2014, and the appointment of Defendant Temporary director C as to the appointment of the Defendant’s temporary board of directors on May 20, 2014, the Cheongbuk-do Governor appointed I and C as the Defendant’s temporary director, respectively, pursuant to Article 22-3(1) of the Social Welfare Services Act, by adding five directors (D, E, F, G, and H) appointed at that time to normalize the management of the Defendant’s temporary director. (2) The Defendant held a temporary board of directors on May 27, 2014, and convened a meeting as to the appointment of the Defendant’s “temporary representative director”, and the content

Six directors or temporary directors (D, E, F, H, I, and C) of the defendant were present at the meeting and affixed their seals on the minutes.

(hereinafter referred to as “first meeting minutes”). A summary of the minutes of the temporary meeting of the board of directors of a social welfare foundation B: on May 27, 2014, at places: 16:00 places: Six existing directors: - Four existing directors (D, E, F, H): two members (I and C) as a result of the meeting, and six members appointed by the Cheongbuk-do Governor and dispatched by the temporary director.

The minutes of May 27, 2014 concerning the appointment of the Defendant’s representative director on May 27, 2014, concerning the provisional directors’ meeting dated May 27, 2014, were separately prepared. The main contents are as follows. The above minutes include the Defendant’s directors or four temporary directors (D, E, I, and C)’s seals affixed thereon (hereinafter “second minutes”).

(b) the board of directors of social welfare foundationB;

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