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(영문) 부산지방법원 2019.08.23 2017구합22627
의료기관 폐업신고수리 등 무효 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On September 12, 2007, the Plaintiff was a D Union established and operated by Busan Metropolitan City under the Consumer Cooperatives Act, and established and operated B Hospital in Busan Northern-gu E.

On June 13, 2013, the Plaintiff held a general meeting of delegates and passed a resolution to resign from the president and to appoint G as the president, F, H, I, J, and K as directors. The minutes and the list of members present at the above general meeting include 55 of the total representatives present at the meeting and the resolution was passed with the consent of all representatives present at the meeting.

On March 31, 2014, the Plaintiff held a general meeting of partners to dismiss directors L, M, audit N, andO, and passed a resolution to appoint P, Q, and R as auditors, respectively. The minutes of the above general meeting include 216 members from among 423 members present and the resolution was passed with the unanimous consent of all the members present.

On April 21, 2015, the Plaintiff and the social welfare foundation U.S. (hereinafter “instant foundation”) concluded a contract for the transfer and acquisition of B hospital, and filed a report on the closure of the business with respect to B hospital operated by the Plaintiff, and the instant foundation decided to obtain a new permit to establish a medical institution with respect to the hospital in the same name.

On April 24, 2015, the Defendant received a report on the closure of the Plaintiff’s business with respect to the Plaintiff’s B Hospital and a report on the establishment of a medical institution with respect to the establishment of a hospital under the same name, and accepted the Plaintiff’s report on the closure of business (hereinafter “acceptance of the report on closure of business of this case”). The Defendant permitted the establishment

(hereinafter “instant permission disposition”). On April 29, 2015, V, X, andY, a member of the Plaintiff’s association, filed a lawsuit seeking confirmation of the invalidity of the resolution at the ordinary general meeting of representatives on June 13, 2013 against the Plaintiff as Busan District Court Decision 2015Gahap3368, and on March 31, 2014, the first instance court filed a lawsuit seeking confirmation of the invalidity of the resolution at the general meeting of partners.

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