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(영문) 의정부지방법원 고양지원 2017.03.24 2016가합1601
총회결의무효확인
Text

1. From an extraordinary general meeting held by the Defendant on September 6, 2016, C as the chairperson, D as the auditor, and E and F as each director.

Reasons

1. Facts of recognition;

A. The defendant is a non-corporate body established for the purpose of promoting the self-reliance of members through the autonomous operation of G members, and the plaintiff is a member of the defendant.

B. On September 6, 2016, the Defendant held an extraordinary meeting (hereinafter “instant extraordinary meeting”) with 32 members, among 47 members, at the office of Defendant’s management located in Goyang-si, Goyang-si. The J, the branch director of the Korean Federation of Persons Affected by Hansen’s Disease, an incorporated association, took charge of the said extraordinary meeting.

In the instant special meeting, each of the chairman, two directors, and one auditor was adopted. ① A resolution was made with respect to the agenda for the election of the chairman, which was the former chairman of the Defendant, to appoint the chairman as the chairman; ② A resolution was made with respect to the agenda for the election of the directors conducted at the previous general meeting of the Defendant in accordance with the proposal of some members, to appoint the E and F as the director at the election of the directors conducted at the previous general meeting of the previous Defendant; ③ A resolution was made with respect to the agenda for the election of the directors,

§ 12 (Chief of General Meeting) This farm shall have the general meeting for the opening and closing of the general meeting and the extraordinary general meeting, and the president shall be selected at the meeting of the general meeting and shall proceed with the meeting.

The chief executive officer shall take charge of the society.

Article 15 (Opening of General and Extraordinary General Meetings and Quorum for Resolution) A resolution shall be adopted with the attendance of the majority of the members of a general meeting or special general meeting, and with the concurrence of at least one half of the members present.

Article 16 (Resolution of General Meeting) The Assembly shall deal with the overall operation of the farm.

The matters resolved at the meeting of the 5th meeting of the officers of paragraph (4) shall not be modified or amended in any form without a resolution of the general meeting, in any form, without the resolution of the general meeting.

Article 17 (Resolution of Extraordinary General Meeting) The Chairperson of Article 23 (Election of Chairperson, Operating Directors, and Auditor) (Election of Chairperson, Operating Directors, and Auditor) shall be the case concerning the appointment of executive officers of the agenda item 2.

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