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(영문) 서울고등법원 2014.12.12 2014나12357
임시총회무효확인
Text

1. The plaintiff's claims and appeals added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

Basic Facts

The defendant is a local organization of the Korean Senior Citizens Association of Korea (hereinafter referred to as the "Korea Senior Citizens Association"), which aims at promoting the rights and interests of the elderly, promoting their welfare, volunteer activities, etc., and is an independent organization that has independent representative organizations and operating regulations.

On February 3, 2012, the Plaintiff was elected as the president at the sixth branch of the Defendant’s sixth branch, and around that time, the Plaintiff appointed C as the principal of the Defendant’s site, and D as the principal of the Defendant’s land.

The defendant's general meeting required to convene an extraordinary general meeting of the defendant's representatives consists of 67 representatives, which is comprised of executive officers (excluding auditors), senior college presidents, branch presidents, and senior citizen center presidents. At the time, the defendant has 1 branch presidents, 2 site presidents, and 64 senior citizen centers under its jurisdiction.

Some of the representatives of the Defendant requested the Plaintiff to withdraw the appointment of the site president C while making a claim against the Plaintiff regarding the appointment of the site president, etc., but the Plaintiff rejected the request, and on November 30, 2012, 45 representatives, including the representatives E, demanded the Plaintiff to convene an extraordinary general meeting where the appointment of executive officers is made.

(A) The letter of request for convening the meeting states that the Plaintiff, who is the president of the branch, shall be held liable to the Plaintiff if the Plaintiff did not comply with the above request for convening the special meeting. Nevertheless, the Plaintiff did not hold the general meeting even upon the Defendant’s request for convening the meeting.

On July 25, 2013, some of the Defendant’s representatives (41) filed an application for permission to convene an extraordinary general meeting with Seoul Southern District Court 2013 non-hap70 around May 2013. On July 10, 2013, the said court decided that the Defendant’s above representatives (excluding F, G, H, and I) (excluding F, H, and I) would allow the Defendant to convene an extraordinary general meeting.

According to the above decision, the defendant shall hold an extraordinary general meeting on July 25, 2013, while 51 representatives attend the meeting, and the plaintiff shall take the chair of 50 with the consent of 50 members.

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