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(영문) 수원지방법원안양지원 2015.11.26 2015가합101288
총회결의부존재확인의 소
Text

1. It is confirmed that the resolution of the general assembly on the Defendant’s attached list does not exist.

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

Reasons

The defendant is an incorporated association established for the purpose of discovery, research, and distribution of C and completed the establishment registration on September 8, 2009 after obtaining permission from the Gyeonggi-do Governor on August 20, 2009. The plaintiff is a person who served as a director from the time when the defendant's member was established.

On October 7, 2014, the Defendant appeared at the king Building D, 302 members at the general meeting held on October 14, 2014, and 42 of all members at the general meeting held on 302, and the resignation of the E director is not a matter of a resolution of the general meeting, but a resolution of a universal meeting has been passed.

The case of dismissal of directors against the plaintiff and F, G, H, I, and J are charged to each director, and the case of dismissal of G to the chief director (representative director), "the resolution of this case" is "the resolution of this case".

A. On December 16, 2014, “A notary public obtained certification from a law firm as to the minutes of an extraordinary general meeting, and only E, H, G, J and I seals the minutes.

On January 5, 2015, the Defendant resigned from office on October 7, 2014 by the existing director E and H. The Plaintiff and F, who were existing directors, were dismissed on the same day, and completed the procedure for registration of change of executive officer that he/she was appointed as a director on the same day by G, H, J and I.

According to the defendant's articles of incorporation, the defendant's member shall consent to the defendant's establishment purpose and submit a prescribed application for membership to the court and obtain the approval of the board of directors (Article 5), and the general meeting shall be composed of members (Article 19), and the chief director shall convene a general meeting and shall notify each member in writing seven days prior to the commencement of the meeting, stating the agenda, date, time, and place of the meeting (Article 20), and the election and dismissal of the officers shall undergo

(Article 11(1), 12, and 23(1) of the Act. 【Partial dispute concerning the ground for recognition】 【Nos. 1 and 2-1, 2-2, 4, 5, and 7 of the evidence and the purport of the entire pleadings, the Defendant’s assertion by the Plaintiff is actually the general meeting.

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