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(영문) 서울중앙지방법원 2016.10.06 2016가합5622
회장선출결의,총회결의무효확인 등
Text

1. On May 7, 2015, at the general meeting of the Defendant on May 7, 2015, the decision that elected F as the Defendant’s president is invalid.

2...

Reasons

1. Indication of claim;

A. The Defendant is an organization consisting of owners of H shopping malls located on the land of Jung-gu Seoul Metropolitan Government and 16 lots (hereinafter “instant shopping mall”).

B. On May 7, 2015, the Defendant held a general meeting (hereinafter “instant general meeting”) and passed a resolution to elect F as the chairperson of the Defendant (hereinafter “instant resolution”).

C. However, the instant general meeting took place in the capacity of the president of the Defendant, and the convocation of the general meeting and resolution was made by the election commission nominated by the disqualified F.

The resolution of this case is a serious defect in the process of violating the defendant's articles of incorporation.

In addition, F has been convicted of imprisonment without prison labor or more, and F is a person who has no shares in the building or site of the instant commercial building, and is not qualified as the chairperson and member of the Defendant. According to Article 20(1) of the Defendant’s Articles of Incorporation, the president is permitted to hold office only once. Since F has already been repeatedly held office and reappointed several times, F is disqualified for the president even in accordance with the above provisions.

The resolution of this case is a material defect in violation of the defendant's articles of incorporation.

E. Therefore, the resolution of this case is null and void because there is a serious defect in the procedure and content, and there is a benefit of confirmation as the defendant contests this.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.

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