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(영문) 서울중앙지방법원 2018.10.25 2017가합550563
이사지위부존재확인 등
Text

1. The plaintiffs' primary claims are dismissed.

2. The defendant's assistant intervenor E, F, and G are the defendant's director.

Reasons

1. Basic facts

A. The Defendant is an organization consisting of owners of D-F (F) Dong store (hereinafter “instant shopping mall”) located above H H and 15 lots, Jung-gu, Seoul, and the Plaintiffs are the members of the Defendant.

B. Since August 8, 2008, Nonparty I was appointed as the chairperson of the defendant from around August 8, 2008 and performed his duties, Nonparty I was appointed as the chairperson several times according to the revision of the defendant’s articles of incorporation.

C. Accordingly, the Defendant’s members, J, and C applied for provisional measures against I by Seoul Central District Court 2010Kahap2499, and 2012Kahap1953, respectively, to suspend the execution of duties, and the said court rendered a decision on provisional measures against I on the ground that “I lost its president’s status by failing to meet the requirements for qualification as president under the Defendant’s Articles of Incorporation.”

On April 13, 2015, F, an extended director of the defendant, demanded the convocation of an extraordinary general meeting as of April 24, 2015, and entrusted K with the progress of the meeting, where "the case of revision of the articles of incorporation, the case of election of officers, and the case of election of election management members," etc. in the qualification of the chairman acting director.

E. On April 24, 2015, at an extraordinary general meeting held by K, the bill of amendment of the Articles of Incorporation concerning the term of office of an officer was passed, and K, L, M, N, and G were appointed by K, M, N, and G as election management members.

F. Following the K’s proceeding designated as the chairman of the Election Management Committee by I, I again elected the Defendant’s Intervenor at an extraordinary general meeting (hereinafter “instant general meeting”) held on May 7, 2015 as the Defendant’s president, and I appointed the Defendant’s Intervenor at that place as the Defendant’s director.

G. The main provisions and amendments relating to the instant case in the Defendant’s articles of incorporation are as shown in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. On the premise that at the general meeting of this case there was a resolution to select the Defendant’s Intervenor as the Defendant’s director, the Plaintiffs’ primary claims are set forth in the above resolution.

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