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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
1. Basic facts
A. A (hereinafter “A”) is a medical corporation under the Medical Service Act for the purpose of establishing and operating a medical institution, and operated E hospital and its affiliated funeral hall in the building located in the Dongjak-gu Seoul Metropolitan Government N.
B. Around October 2010, G, who held office as the chief director (in accordance with the articles of incorporation of the Foundation, other directors than the chief director do not have the power of representation, and as long as it does not require any distinction below, shall transfer the status and right of operation A to H in the amount of KRW 4.5 billion. However, if a mutual dispute arises or the payment of the price is delayed, he/she agreed to receive a resignation of the chief director and a resignation of the new director in the name of H in order to restore the original state.
C. On January 13, 2011, G issued a notice of convening a temporary board of directors on January 20, 201 through the same birthO to H on the agenda of “(i) the entry of a new director, (ii) the establishment of a new director, and (iii) other agenda items,” as an agenda item, for the purpose of passing the status of president and operating rights of H in accordance with the above agreement.
On January 20, 201, at the meeting of the board of directors held on January 20, 201, A, including G, attended the meeting of the board of directors of the said foundation, four of the five registered directors of the said foundation, including G. The said board of directors expressed his/her intent to resign from the position of director and chief director, and a resolution including the appointment of H as a new chief director (hereinafter “resolution of the board of directors of
G submitted A a letter of resignation on January 20, 201, which contains a statement that A will resign from office around the above time of the board of directors.
E. The registration of alteration was made on January 21, 201, that G resigns from office as a director with the power of representation on January 20, 2011, and that H was the only director with the power of representation.
F. Unlike this Agreement, H did not pay the acquisition price at all, G confirmed that “G was in the position of president of A by Seoul Central District Court 201Gahap46130, as Seoul Central District Court 201.