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(영문) 의정부지방법원 2019.04.05 2018가합58394
회사에 관한 소송
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. On September 15, 2018, Plaintiff A among Plaintiff A’s lawsuit, at the general meeting of members of the Defendant, is the Defendant.

Reasons

1. Basic facts

A. On November 8, 2005, the Defendant is an incorporated association established with the aim of establishing the identity of Buddhist culture as the representative of the network D (hereinafter “the deceased”) and cultivating human resources who are sculpous with the spirit of loyalty and impulative spirit by accompanying it. Plaintiff B is the deceased’s children, and E and F are the children of Plaintiff B.

B. On December 2, 2016, the Defendant held a general meeting of partners (hereinafter “the first general meeting of partners”). At the time, the Defendant’s members held 12 persons, including the Deceased, G, H, I, J, K, L, M, N, F, E, E, andO, and the Defendant’s directors held F, K, K, N, andO, the director of the board of directors (hereinafter “the president”).

C. In the first general meeting of members of the instant case, the Defendant approved the Plaintiffs and P as the Defendant’s new members, and resolved to appoint the Deceased as the president, F as the standing director, the Plaintiffs, E,O, and P as a director. On January 2, 2017, each of the registration days for the Deceased, F, andO was completed for the deceased, F, andO, and each of the remaining directors was completed.

From January 1, 2017, the Deceased was hospitalized in Q Hospital due to cerebral mathy, etc., and became subject to treatment by being judged 4 chronic diseases.

E. On April 29, 2017, the Defendant held a general meeting of members (hereinafter “the second general meeting of members”) to dismiss the deceased from the Defendant’s representative, appointed E as the president, and accordingly, passed a resolution to modify the provisions on restrictions on the power of representation as it did not have the power of representation, and to appoint G and K as a director, and registered the provisions on restrictions on the restriction on the power of representation as of June 5, 2017 with the exception of the registration of appointment for E, G and K and the director E, respectively.

F. The Deceased died on May 19, 2017.

G. On June 12, 2017, Plaintiff B filed an application for a provisional disposition of suspending the performance of duties against E, G, and K as the Defendant’s director and a provisional disposition of suspending the performance of duties against the Defendant’s representative. On November 28, 2017, Plaintiff B filed an application for a provisional disposition of suspending the performance of duties with this Court’s 2017Kahap5170.

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