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(영문) 서울중앙지방법원 2018.06.22 2017가합554633
이사회결의및연석회결의무효확인
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The defendant foundation is a foundation established on September 24, 1970 by P clans as the head of Q, contributed property for the purpose of the R's promotion of the Socs of Socs, the promotion of the associates of descendants, and the harmony and friendship of clans.

At the annual conference of the Defendant Foundation held on May 1, 2012, a resolution was made to appoint L, M, N,O, I, and S six directors (hereinafter referred to as “L, etc.”) as directors.

(hereinafter “Resolution on May 1, 2012”). A resolution was passed to appoint T directors at the annual meeting held on May 22, 2012 (hereinafter “Resolution on the annual meeting held on May 22, 2012”); and a resolution was passed to appoint L as the chief director at the meeting held on the same day (hereinafter “Resolution on the annual meeting held on May 22, 2012”); and a resolution was passed to appoint L as the chief director.

(hereinafter “Resolution of the Board of Directors of May 22, 2012”). U, Plaintiffs, V, and W filed an application for provisional disposition against L, etc. against the president or director of the Defendant Foundation for the suspension of the performance of duties as the president or director of the Seoul Central District Court (2012Kahap1457) and filed a lawsuit against the Defendant Foundation seeking confirmation of the invalidity of the resolution of the Board of Directors of the Seoul Central District Court (2013Gahap6524, May 1, 2012), the annual meeting resolution of May 22, 2012, and the lawsuit seeking confirmation of the invalidity of the resolution of the Board of Directors on May 22, 2012.

(hereinafter referred to as "relevant principal lawsuit"). In the appellate court of the above provisional disposition case (Seoul High Court 2013Ra10), the court rendered a decision to suspend the execution of duties as L's chief director and directors of M, N,O, I and S until the judgment on the relevant principal lawsuit becomes final and conclusive on December 16, 2013.

Meanwhile, on January 15, 2015, X et al. applied for a provisional disposition seeking the appointment of the chief director and director acting for the Defendant Foundation as Seoul Central District Court 2015Kahap80043, and on February 5, 2015, the Seoul Central District Court decided on February 5, 2015 that the attorney Y was appointed as the chief director and director acting for the Defendant Foundation.

hereinafter referred to as "decision on the appointment of the acting director of this case"

In the relevant merits lawsuit, the Seoul Central District Court passed a resolution on May 15, 2014 at the annual conference on May 1, 2012.

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