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(영문) 창원지방법원진주지원 2016.11.11 2016가단30001
건물인도(명도) 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C (D) who is represented by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a foundation that is not a legal entity established with the property contributed by Nonparty E as its basic property for the purposes of the law dissemination, the law society for this purpose, and the theory of law, etc., and the Defendant was appointed as the president of the Plaintiff on October 23, 2014 as the G chief executive officer of the Jinju, who was operated by the Plaintiff, and was dismissed from the office of the president on December 1, 2015.

B. On March 12, 2004, the Plaintiff Foundation held an inaugural general meeting and appointed L as the president, E, director, H, I (B prior to the opening of name), K, and auditor respectively. The Plaintiff Foundation’s articles of incorporation of the Plaintiff Foundation set the term of office of E, Defendant, H, I, and K four years, and L two years.

Plaintiff

The articles of incorporation of the Foundation relating to this case shall be as follows:

Article 15 (Types and Fixed Number of Officers) (1) The kinds and fixed number of officers to be placed in this corporation shall be as follows:

1. Five directors;

2. One auditor. (2) The directors referred to in paragraph (1) 1 shall include the chairperson;

Article 17 (Term of Office of Officers) (1) The term of office of directors shall be four years, and that of auditor, two years.

However, the term of the first half of the officers shall be determined by the period corresponding to the half.

(2) The term of officers appointed on board a boat shall be the remaining term of his predecessor.

Article 18 (Methods of Appointment of Officers) (1) Directors and auditors shall be appointed by the board of directors to take office.

(2) Removal of an executive before his/her term of office shall undergo resolution by the board of directors.

(3) If a vacancy occurs in the office of directors or auditors, the vacancy shall be filled within two months.

Article 19 (Selection Method and Term of Office of President) (1) The chairman shall be elected by the board of directors.

Provided, That when the chief director is vacant, a successor chief director shall be elected without delay.

(2) The term of office of the chairperson shall be the period of directors.

Article 24 (Quorum) (1) The board of directors shall be held with attendance of the majority of the registered directors.

(2) Proceedings of the board of directors shall require the concurrent vote of a majority of present directors.

Provided, That if there are the same number of members, the chairperson shall be determined by the Council.

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