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(영문) 서울중앙지방법원 2014.07.07 2013가단130810
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings of 212m2 in the Jongno-gu Seoul Metropolitan Government Religious Site, the attached Form 1 Map 3, 4, 18, 17.

Reasons

1. Basic facts

A. On February 2, 2001, the Plaintiff Association: (a) donated D the Jongno-gu Seoul Metropolitan Government Religious Site of 212 square meters; (b) E large 136 square meters; (c) F large 76 square meters; and (d) G large 66 square meters (hereinafter “instant land”); (c) on September 8, 2009, the Plaintiff Association contracted the construction of I and J on each of the instant land to H; (d) thereafter, the said building was newly constructed on the land of 212 square meters in Jongno-gu Seoul Metropolitan Government Religious Site of Land (hereinafter “the instant building”). However, the preservation registration was not completed without obtaining construction permission.

B. From June 1, 2010, the Defendant occupied the first floor and underground floor of the instant building from around June 1, 2010.

C. The main parts of the articles of incorporation of the Plaintiff Association are as follows.

Article 14 (Types and Fixed Number of Officers) This Section shall have the following officers:

1. One chief director;

2. Not less than five but not more than ten directors (including the chief director);

3. Three auditors (Appointment of officers) (1) The officers of this meeting shall be elected at the general meeting and shall be reported to the Minister of Culture and Tourism without delay with respect to their inauguration.

(2) Every vacancy shall be filled with an executive of the Association within two months from the date on which the vacancy occurs.

(3) A new executive shall be elected two months before the expiration of his/her term of office.

Article 18 (Term of Office of Officers) (1) The term of office of officers of this meeting shall be three years.

Article 21 (Composition of General Meeting) The Assembly shall be the highest voting organ for the plenary session and shall be composed of regular members as prescribed in Article 8.

Article 22 (Classification and Convocation) (1) A general meeting shall be classified into a general meeting and an extraordinary general meeting, and shall be convened by the president.

(2) The general meeting shall be convened by one month prior to the beginning of each fiscal year, and the special general meeting shall be convened when the president deems it necessary.

(3) A general meeting shall be convened in writing to each member seven days prior to the commencement of the meeting, clearly stating the agenda, date, time, place, etc. of the meeting.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 (including each number), Eul 1, Gap 3-1, and the purport of the entire video pleadings as set forth in Gap 2

2. Determination on the defense prior to the merits

A. The defendant's defense prior to the merits.

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