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(영문) 서울서부지방법원 2019.07.24 2019가합33548
총회결의무효확인의 소
Text

1. C at the first ordinary meeting of the year 2019 held by the Defendant from February 20, 2019 to February 21, 2019 as president.

Reasons

1. Facts of recognition;

A. The defendant is an incorporated association established with the purpose of supporting the operation of welfare facilities for the aged as its members or the representative of a corporation, promoting their rights and interests, and contributing to the development of welfare for the aged. The plaintiff is the head of the "D Care Center" and is a regular member of the defendant.

B. From February 20, 2019 to February 21, 2019, the Defendant made a resolution to appoint C the head of the “F Elderly Medical Care Center” as the Chairperson at the first ordinary meeting of the year 2019, which was held at the building Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “instant resolution”).

C. Of the Defendant’s articles of incorporation and the provisions on the appointment of officers, the parts relating to this case are as follows.

Article 1 (Purpose) The purpose of the Articles of Incorporation is to contribute to the development of welfare for the aged in Korea by providing support for all matters necessary for the rational operation of member facilities, strengthening of ties and rights and interests among the members, and satisfying the government policies.

Article 5 (Composition of Members) The members of the plenary session shall be composed of the following persons who have completed the prescribed membership procedures via the local associations under Article 25:

1. Regular members: The head of a facility for the aged or the representative of a corporation;

2. Special members: The representative of a corporation supporting the purpose and purpose of the plenary session;

3. Honorary members: Individuals and organizations supporting the purpose and purpose of the plenary session; Article 6 (Members' Rights and Duties) Members of the plenary session shall have the following rights and duties:

1. A regular member: A person shall have the right to vote and to be elected, have voting rights, and shall have the obligation to pay the prescribed membership fees and charges;

2. Special members: They shall have rights and duties equivalent to regular members;

Article 7 (Withdrawal, Disqualification, etc. of Members) (2) If a member falls under any of the following subparagraphs, he/she shall lose his/her qualification:

1. Where a report on the withdrawal of a member has been filed;

2. Closure of a facility; and

3. That he/she has not fulfilled his/her obligation to pay membership fees or various charges for at least one year;

4. When he commits a serious violation of the articles of incorporation of this corporation;

Article 8 (Composition of Officers) This Act shall apply.

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