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(영문) 대전고등법원 2017.06.02 2017나10129
이사지위확인의 소
Text

1. All appeals filed by the Intervenor against the Defendant are dismissed.

2. The costs of appeal are assessed against the Intervenor.

Reasons

1. Basic facts

A. 1) The Plaintiff is a religious organization called “B” (hereinafter “instant organization”).

(2) On September 21, 2015, the establishment of the instant organization was completed for the purpose of supporting the teaching and teaching education for the religion of the instant organization, and the Defendant’s director and the chief director were appointed at the time of the establishment of the Defendant.

3) The Intervenor joining the Defendant (hereinafter “ Intervenor”) is deemed to be the Intervenor.

(B) At the time of the establishment of the Defendant, both F and F were appointed as a director at the time of the establishment of the Defendant. (2) At the time of the Plaintiff’s establishment, the minutes of the temporary board of directors (hereinafter “Board of Directors of this case”) consisting of the participants and H, and G attending the meeting of the Intervenor and H, and the Plaintiff’s resignation, appointing H and G as the Defendant’s director, and appointing H as the Defendant’s chief director.

2) Minutes of the board of directors of the instant case and the Plaintiff’s resignation letter (No. 4-5, hereinafter “instant resignation letter”) dated October 14, 2015, prepared to the effect that “the Plaintiff shall resign from the Defendant’s office.”

Pursuant to the foregoing, on October 27, 2015, with respect to the Defendant Foundation, ① the Plaintiff’s registration of the resignation of the representative director on October 14, 2015, ② the registration of the appointment of the representative director on October 14, 2015, ③ the registration of the appointment of the director on October 14, 2015, ③ the registration of the appointment of the director on October 14, 2015, respectively. (c) The principal contents of the Defendant’s articles of incorporation are as follows: (i) the Defendant’s executive officers are one chief director, five directors including the chief director, and one auditor (Article 5). The executives shall be elected by the board

(2) If the vacancy occurs, the director elected by the board of directors shall act on behalf of the president (Article 12(2)). The board of directors shall be convened by a majority of the directors registered at the board of directors, and the directors shall be elected with the consent of a majority of the directors present at the meeting of the oldest (Article 12(3). The directors who act on behalf of the president shall act on behalf of the president without delay.

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