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(영문) 서울서부지방법원 2017.11.30 2017가합33759
이사회결의무효확인의 소
Text

1. Of the instant lawsuit, the Defendant against the Plaintiff, on February 29, 2016, and on March 2, 2017, filed a claim to nullify the resolution to dismiss the Plaintiff’s director.

Reasons

1. Facts of recognition;

A. The defendant is a foundation that is operated for the purpose of maintaining and managing the property owned by the B religious order and its branch church, and the plaintiff was a director of the defendant.

B. On February 29, 2016, the Defendant: (a) on the grounds that the board of directors of the board of directors of the Seoul Central District Court (Seoul District Court Decision 2015Da12100, May 2, 2017, “the Plaintiff caused damages to KRW KRW 00 million to the Defendant in connection with the compulsory auction by the C Educational Meeting; (b) on March 2, 2017, the board of directors of the board of directors constituted an act contrary to the purpose of this legal entity; (c) an act contrary to the purpose of this legal entity under Article 9 subparag. 1, 2, and (d) an act causing disputes among executives; and (d) an act interfering with the business of this legal entity. The Plaintiff voluntarily used the land E (483 square meters) under the title of the C Educational Meeting at will; and (d) caused enormous damages to the legal entity in violation of the purpose of this legal entity; and (d) an act of 9 years and six months in breach of trust with the consent of the principal director; and (d) the Plaintiff 2) the Plaintiff’s directors were subject to dismissal.

C. The contents of the instant articles of incorporation pertaining to the instant case are as follows.

Article 7 (Types and Fixed Number of Officers of Incorporated Foundation)

1. One chief director;

2. Eleven directors (including a chief director); and

3. Two auditors (Dismissal of Officers). Article 9 (Dismissal of Officers) Officers are as follows:

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