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(영문) 서울고등법원 2017.04.28 2016나2081902
이사회결의 무효 확인 청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

Facts of recognition

The defendant as a party is an incorporated foundation established with the purpose of fostering the leading figures who can serve the State and society and contributing to the improvement of education culture by conducting scholarship projects, etc. to the Ouniversity students, graduates, and school personnel pursuant to the provisions of the Act on the Establishment and Operation of Public Interest Corporations (hereinafter referred to as the "Public Interest Corporations Act"), and the plaintiff is the defendant's director.

P’s appointment of Chief Director Q Q on April 22, 199 as the defendant’s director on February 7, 2007 while serving as the defendant’s chief director on February 7, 2007.

Q convened the Defendant’s board of directors on March 9, 2010, and the above board of directors passed a resolution on the amendment of the articles of incorporation to the effect that “the Defendant’s president shall be the ex officio president of the Korea University Joint Chiefs of Staff, and the term of office shall be the tenure of the president of the Korea University.”

(Article 21 of the Articles of Incorporation of the Defendant). Q recommended P, at the time of the resolution of the board of directors, as the president of the Defendant’s president, who was the president of the KO University, and expressed his intention to resign.

Accordingly, P was appointed as the president of the defendant on March 9, 2010, and on April 14, 2010, registered as a director having the power of representation in the defendant's corporate register.

On October 10, 2014, the defendant's second convocation notice of the board of directors was issued on October 2, 2014. On October 10, 2014, the defendant's second convocation notice was presented to the defendant's second board of directors. On October 10, 2014, the defendant presented a draft of a draft of a vacancy in subparagraph 1, and made a resolution to appoint E, F, G, H, I, J, K, L, M, and N as directors, respectively.

(hereinafter “Board of Directors” and “the resolution of this case”). 【No dispute exists with the grounds for recognition.” The summary of the parties’ assertion regarding Gap’s evidence Nos. 1 through 5, Eul’s evidence No. 17, and the legitimacy of the appeal of this case as a whole, the Defendant’s attorney, who is dissatisfied with the judgment of the first instance court, filed the appeal of this case and registered as the former president in the Defendant’s corporate registry as Q and incumbent president.

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