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(영문) 서울고등법원 2017.04.14 2016나2064198
총회결의무효확인등
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

Basic Facts

The defendant is an incorporated association established for the purpose of promoting national culture and cultivating sound national sentiments through the music activities centered around I and J.

Plaintiff

B is the chief of the defendant's petition branch, and the chief of the plaintiff C is the chief of the defendant's petition branch.

On July 16, 2007, the defendant passed a resolution to appoint K as chief director or director from July 16, 2007 to appoint K as chief director and 49 vice chief director or director.

As to this, the defendant's king president M filed a lawsuit against the defendant as Seoul Central District Court 2010Kahap9400, which ruled on July 1, 2010 against the plaintiff that the above decision is valid.

M has lodged an appeal (this Court No. 2010Na73965). On October 21, 2010, this Court rendered a decision to appoint K as the president of K on the validity of the decision, and the remaining decision to the effect that there is no other resolution.

The defendant's appeal (Supreme Court Decision 2010Da90715) was dismissed, and the judgment of the appellate court was finalized on February 7, 2011.

On February 11, 2011, the defendant passed a resolution to appoint K as the president and 33 directors, including N, as directors or auditors at the general meeting of shareholders.

M filed a lawsuit against the defendant to seek confirmation of invalidity of the above resolution as Seoul Central District Court 201Gahap31558.

On November 22, 2011, the above court rendered a judgment in favor of the plaintiff on the ground that the above resolution was null and void due to serious procedural defects.

On the other hand, the defendant appealed by this Court No. 2011Na102525, but the above judgment became final and conclusive on August 7, 2012 after withdrawing an appeal.

A, such as a resolution at the general meeting of shareholders on February 15, 2012, in which the defendant appoints A as the chairperson of the defendant, shall be referred to as "resolution at the general meeting of shareholders dated February 15, 2012, which is adopted by the defendant as a director with the power to represent A (hereinafter referred to as "president") at the general meeting of shareholders on February 15, 2012.

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