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(영문) 광주지방법원 2017.04.05 2016나1560
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an organization established by the believers residing in the G area for the purpose of raising the sublime of its members in 1948, promoting their friendship and mutual assistance among its members.

The members of the plaintiff's member established C School to provide education focused on Chinese language to the children of the G community.

B. C Schools were operated without their already stipulated articles of incorporation on June 1, 2001, and revised the articles of incorporation around August 2008.

The above articles of association shall be named as “C School”.

(Article 2) At the same time, the board of directors is the highest voting body of C schools, and the board of directors elected 9-1 executive directors to act on behalf of the board of directors during the closure of the board of directors.

C. On September 2, 2010, the board of directors passed a resolution as follows:

The above resolution participated in E (Chief Director) and H (Assistant Chief Director) who was the Executive Director of C School.

1. Establishment and operation of C Schools under the A Association;

1. The above resolution shall take effect as soon as it is declared.

Even after the above resolution, the executives of C Schools, including the president E and principal D, were in office as executives of C Schools until the expiration of their terms of office on August 2012.

E. CA school did not register the school building on the building ledger and used it on the building ledger until 2011 and imposed a non-performance penalty, and was returned to G head of G by filing an application for permission to construct the school building (rupture) with the head of G.

Accordingly, C schools filed an administrative appeal with the G Administrative Appeals Commission on July 15, 2011, and the said Administrative Appeals Commission rendered a ruling revoking the above return on November 7, 201.

After that, the C Schools established the F Company on June 21, 2012.

(f) On January 26, 2013, C Schools establish a corporation annexed to C Schools for the expansion of their business and the convenience and interest of the students, and C Schools own all shares, and have the right to manage and supervise them.

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