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(영문) 부산지방법원서부지원 2019.07.25 2018가합103216
대표자변경처분무효확인 등
Text

1. B B between the Plaintiff and the Defendant’s incorporated association:

A. Defendant B, an incorporated association, on September 21, 2018, against the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is an incorporated association (hereinafter “D”) from January 2018, 2018.

(2) Defendant B’s corporate association (hereinafter “Defendant B”) is an incorporated association with the objective of promoting the welfare and protecting rights and interests for E, and Defendant C is a person appointed as the head of D on September 28, 2018 by F, the chairman of the National Federation and the director acting as the representative of the Defendant’s president.

B. G, who is the father of the Plaintiff, from September 2006 to around November 20, 2017, was elected as the director with the power of representation of the Defendant B at the general assembly of Defendant B on November 20, 2017. (ii) H was a person who was in the election of the National Federation Chairperson of Defendant B, along with G as of November 20, 2017.

H filed a lawsuit seeking confirmation of invalidity of an election (Seoul Southern District Court 2017Gahap113700, Seoul Southern District Court 2017Kahap20458), and filed an application with G for a provisional disposition of suspension of performance of duties (Seoul Southern District Court 2017Kahap20458). On June 1, 2018, the said court rendered a decision to suspend the performance of duties as the president and director of G’s National Federation and director of Seoul Southern District Court 2017Gahap113700 until the final and conclusive judgment in the case of the Seoul Southern District Court 2017Gahap13700, and to appoint attorney F as the president and director of the Defendant B

On the other hand, I and J filed an application with Defendant B for the suspension of the performance of duties and the provisional disposition of appointment of acting directors (Seoul Southern District Court 2018Kahap90, Seoul Southern District Court 2018). On September 13, 2018, the above court rendered a decision to suspend Defendant B’s performance of duties as the president and director of the Seoul Southern District Court 2017Kahap113700, and to appoint the attorney F as the president and director acting for Defendant B’s president during the period of suspension of duties (hereinafter “each provisional disposition decision in this case”).

3 Defendant B shall have the board of directors on June 21, 2018.

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