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(영문) 청주지방법원 2014.08.20 2014가합25075
창건주 지위 확인 청구의 소
Text

1. Between the Plaintiff and the Defendants, the Plaintiff has the status to create the G located in Dongducheon-si D, E, and F.

Reasons

1. Basic facts

A. Defendant Incorporated Foundation C (hereinafter “Defendant Incorporated”) is an incorporated foundation that carries out projects, such as the establishment, operation, and support of a training center for the purpose of performing the practice of early childhood, promoting national welfare, and maintaining and managing property owned by the Defendant Incorporated Foundation, and the Plaintiff (legal name H) and Defendant B (legal name I) are the first lineal ascendants and descendants of J (legal name K) by winning as the president of the Defendant Incorporated Foundation, and Dongdu City D, E, and F (hereinafter “instant G”) are the branch members of the Defendant Incorporated Foundation established by the J around 193, around 193.

B. Part of the articles of incorporation and the rules on establishment of branch institutes of the Defendant Foundation is as follows:

Article 2 (Office of Defendant Foundation) of the Articles of Incorporation (Amendment of September 26, 2002), the principal office of Defendant Foundation shall be located at the Cheongju and may provide support and branch offices at necessary places.

Article 15 (Presidents) In order to manage Defendant Foundation, a branch director and a branch director shall be established.

1. The term of office shall be four years, but he may be reappointed;

Provided, That correspondence shall be Slurido.

2. Creatives shall guarantee permanently the succession to private affairs, and they shall be limited to the party platform;

3. The president shall be appointed by the chief director; and

4. The president may dismiss an auditor by a resolution of the board of directors according to the audit results, either by failing to perform his/her duties or by having an auditor investigate when any unlawful act exists.

§ 21 (Functions of Board of Directors) The functions of the Board of Directors shall be:

1. Formulation and operation of business plans;

2. Preparation of budget and settlement of accounts;

3. Modification of the articles of incorporation and corporate dissolution;

4. Appointment and dismissal of officers;

5. Administration, disposal, acquisition, and issuance of bonds;

6. Business execution;

7. Other persons who have donated the property of a vegetable temple under Article 3 of the Regulations on the Establishment of Division (Enforcement of February 4, 1994) referred to by the chief director shall be presumed to be the original owner of the inspection, and the chief of the inspection who has participated in the donation may be presumed to be the joint owner of the inspection.

Article 4 In principle, where a person who establishes a branch institute receives a prize, he/she shall increase the private sector in principle.

The appointment of the representative of the branch director of the Subdivision under Article 6 shall be made only by the Chairperson according to the creative intention.

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