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(영문) 수원지방법원 2015.10.30 2014가합71654
임원지위부존재확인등
Text

1. Of the instant lawsuit, C requests confirmation that the Defendant’s general position and D are not the Defendant’s financial status.

Reasons

1. Basic facts

A. The defendant is a clan that has received F from the Republic of Korea in the Joseon Dynasty, and the plaintiff is the president of the defendant.

B. Around February 2014, N, C, E, H, I, K, K, L, M, P, Q, R, and S filed an application for convening an extraordinary general meeting with the Defendant’s dismissal of the Defendant’s representative, appointment of a successor representative, and the Defendant’s application for convening an extraordinary general meeting on April 25, 2014.

C. Accordingly, on May 22, 2014, the Defendant: (a) held an extraordinary meeting aimed at meeting “the dismissal of a senior representative, the appointment of a senior representative, and the settlement of accounts” (hereinafter “instant extraordinary meeting”); (b) passed a resolution to dismiss the Plaintiff, who was working as the chairperson of the Defendant, and appoint E as a new president; and (c) appointed C as the Defendant’s general secretary and D as the Defendant’s finance, respectively, at the above extraordinary meeting.

After that, on March 12, 2015, the defendant held a general meeting and passed a resolution to appoint T as a new president.

E. Among the articles of incorporation of the defendant clan, the composition and procedures of the general meeting are as follows.

Article 7: In order to operate the plenary session, the actual tax shall have the following officers:

1) Article 8 (2) 3) An executive officer of the Steering Committee (the chairperson, the vice-chairperson, and the secretary 6) (the chief executive officer, the secretary 1) 5) an adviser of the Steering Committee (the chief executive officer, the secretary 6) 7): The executive officer of the plenary session shall be appointed at the plenary session and may serve as a two-year term of office. Article 9 of the actual affairs of the plenary session: (1) The chief executive officer of the plenary session shall represent the principal meeting, represent the president, exercise overall control over the affairs incidental to the present YYYY, and shall preside over all the affairs incidental to the proceedings of the members, and shall be the chairman of the plenary session and the executive meeting, and shall be the chairman of the plenary session and the executive meeting, and shall execute the matters resolved at the meeting in good faith.

3. The general affairs shall take charge of all the affairs under the order of the chairperson.

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