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(영문) 서울서부지방법원 2019.05.23 2018가합38812
임시총회결의 무효확인의 소
Text

1. A resolution on each agenda listed in the separate sheet, which was held by the Defendant on August 25, 2017, is null and void.

Reasons

1. Facts of recognition;

A. G organization (representative A) and H Association (representative I) constituted an integrated organization representing J and agreed to obtain permission for establishment of an incorporated association from the Ministry of Health and Welfare, constituted a G organization and an integrated promotion committee with officers representing H Association, and held an inaugural general meeting on December 27, 2016 (hereinafter “instant inaugural general meeting”).

B. At the instant inaugural general meeting, the name of the consolidated organization was designated as “organization G of the Incorporated Association” and the purpose of the integrated organization was to contribute to promoting the health and welfare of the elderly and improving the quality of life of the people by promoting the improvement of expertise and rights and interests of the J, and the integrated organization, which is the internal rules of the consolidated organization, prepared and approved the integrated organization (hereinafter “instant integrated organization”).

In addition, the first president (three years of office), the president of the G organization, the first vice president, and the second president of the H association will be the first president of the H association, and the directors, including Plaintiff F, D, B, E, and C, and executives such as auditors were elected.

In addition, the case of the approval of the business performance and the report of the settlement of accounts in 2016 has been resolved to be delegated to the board of directors for the reason that the two organizations have not completed the settlement of accounts by the above time, and the case of approval of the business plan (the draft) and the budget (the draft) in 2017 has been resolved to approve the provisional budget, but it shall be delegated to the board of directors to re-

A non-corporate body (=a non-corporate body) formed through the above process is the defendant.

C. After the instant inaugural general meeting, Plaintiff A presided over the board of directors and the Preparatory meeting of the board of directors. On April 11, 2017, an asset accounting director was absent from office through K of the board of directors composed of the instant inaugural general meeting, and the H Association did not cooperate with the submission of the membership list, and did not cooperate with the organization of the branch and branch office.

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