(영문) 서울서부지방법원 2018.01.10 2017가합36253

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(영문) 서울서부지방법원 2018.01.10 2017가합36253

총회결의무효확인 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is an E organization established based on the law on the establishment of E and other organizations, and the plaintiff is the defendant's member.

B. As the term of office of the president C ends on March 31, 2017, the Defendant held a general meeting on March 9, 2017 and decided to elect the president again.

C. On February 24, 2017, the Defendant suspended C’s duties of president from February 23, 2017 to March 9, 2017 on the ground that C was registered as a candidate for the latter president, and designated CF as the acting president.

The plaintiff registered as a candidate for the defendant's chairperson, but the registration was invalidated on March 4, 2017, and C also resigned from the candidate on March 7, 2017, the defendant's candidate did not exist.

E. On March 9, 2017, the Defendant opened an extraordinary general meeting on May 17, 2017 from the ordinary general meeting (hereinafter referred to as “the first general meeting,”) to elect the president and other officers, and until that time, passed a resolution to extend the term of office of the existing executives by May 31, 2017 (hereinafter referred to as “resolution 1”).

F. On March 26, 2017, C registered as a candidate for the latter president as the president. On May 17, 2017, the Defendant: (a) held an extraordinary general meeting (hereinafter “second general meeting”; and (b) passed a resolution to elect C as the president of the Defendant (hereinafter “resolution 2”) by holding a resolution to elect the president of the instant election (hereinafter “instant election”).

G. The Defendant’s internal provisions regarding the instant case are as follows.

Article 16 (Executive Officers) (1) The headquarters of the plenary session shall have the following executive officers:

1. The chairperson: One person;

2. Two vice-chairpersons;

3. Ten or less directors;

4. Auditors: Two persons.

5. The Secretary-General: One person. (2) The term of the officers appointed on the spot shall be four years, and the term of the officers appointed on the spot shall be the remaining term of their predecessors.

Provided, That the term of office of the Secretary General shall be the period of appointment by the Chairperson.

Article 18 (Appointment of Officers) (1) The Chairperson, Vice-Chairperson, and Vice-Chairperson.

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