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(영문) 수원지방법원안양지원 2015.10.22 2015가합897
임시총회결의 무효
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an incorporated association established on August 24, 1994 based on the Local Cultural Institute Promotion Act for the purpose of developing, researching, surveying, and promoting culture B local culture. The plaintiff is a member of the defendant who has been seeking to settle the dispute with C over the defendant's status from around 2011.

B. Dispute 1 Concerning the Defendant’s resolution to appoint the Plaintiff as the president) On August 13, 2010, D, who held office as the president of the Defendant, received a summary order of KRW 1 million (this Court Decision 2010Da5432) due to occupational embezzlement, and on September 17, 2010, the above summary order became final and conclusive as is. As such, the Defendant’s articles of incorporation, on the ground that criminal prosecution was brought against the duties during his/her term of office and the punishment became final and conclusive, the Plaintiff was disqualified pursuant to the proviso to Article 17(4) of the Defendant’s articles of incorporation. In accordance with Article 18(2) of the Defendant’s articles of incorporation, the Plaintiff was acting as the president’s acting representative, and on May 23, 2011, announced that the Plaintiff was an extraordinary general meeting of KRW 25,000,0000 for the Plaintiff’s 25th general members on May 23, 2011.

“A judgment was rendered, and the judgment was rendered to dismiss all appeals on May 1, 2014 from the appellate court (Seoul High Court 2013Na2009930, 200947), and the final appeal (Supreme Court 2014Da211343, 211350) became final and conclusive on August 26, 2014.

(2) The Seoul High Court Decision 201Ra1555, Jul. 18, 2013, 2012, 2016, which held that the confirmation of invalidity of the resolution that appointed the Plaintiff as the president from the extraordinary general meeting of May 23, 201 as the main issue is as follows:

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