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(영문) 서울동부지방법원 2018.03.28 2017가합105997
건물명도(인도)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The status of the party is that the plaintiff is a clan with EC 23 teams F, which is composed of descendants, Defendant B is the plaintiff's member, and Defendant C is the wife of Defendant B.

B. On December 14, 2014, D and G expressed the Plaintiff’s intention to leave as the candidate for the president at the ordinary general meeting of shareholders. At that time, G was the Plaintiff’s president and the Plaintiff’s president with a four-year tenure of office. (2) The Plaintiff’s bylaws stipulate that “the term of office of executive officers shall be four-year reappointed” (Article 15), and some of the members of G are not eligible to leave the Republic of Korea pursuant to the above provisions; (3) the Speaker of the Labor Relations Commission, who agreed to the above opinion, presented the opinion that “The term of office of executive officers shall be four-year reappointed”; and (4) the Speaker of the Labor Relations Commission, who agreed to the above opinion, declared that “The 2/3 or more of the members who agreed to the above opinion shall be deemed to have expressed

3) Accordingly, G has left the meeting place with its members who are affiliated with G, and twenty-eight members who were remaining in the meeting place are stuffed and appointed D as the Chairperson (hereinafter “instant resolution”).

(C) Defendant B was appointed as the manager of the instant building, which was owned by the Plaintiff at the time of October 30, 2014. Since December 11, 2014, Defendant B resided on the five floors of the instant building.

2) From July 2016, Defendant C operates the party headquarters on the second floor of the instant building from around July 2016. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1, 2, 27-34, and the purport of the whole pleadings.]

2. The parties' assertion

A. It is recognized that the instant lawsuit is legitimate / [Plaintiff]’s / [Plaintiff]’s 4-year mid-term decision to interpret the meaning of “4-year mid-term decision” and that G was unfairly excluded from the candidate for the president.

However, thereafter, the Plaintiff’s special general meeting of February 28, 2015, the general meeting of December 13, 2015, or the general meeting of December 10, 2017, ratified the instant resolution lawfully at the general meeting of December 10, 2017, and duly elected D as the Plaintiff’s representative.

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