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(영문) 서울남부지방법원 2020.10.20 2019가합111579
재단 임원선출 유림총회 무효확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the representatives of H Confucian Schools, who have the right to vote in the election of Defendant executives. 2) The Defendant is an incorporated foundation established to maintain literature in Seoul Special Metropolitan City and manage education and teaching businesses, thereby promoting the development of culture.

3) A Confucian School is a non-corporate body that performs the functions of protecting and providing services for cultural heritage in Seoul, the P and Gu regions. Its officers consisting of full school, deputy school, and the head of the relevant Confucian School (the head of the relevant school may exercise voting rights by attending the general meeting of the Confucian School). (B) On November 9, 2014, the Defendant elected the Plaintiff B as the chief director, the Plaintiff C, D, Q, R, R, S, T as a director, and U as the auditor by holding an election of the 16th executive officers on November 9, 2014.

2) Around October 22, 2015, the Seoul Southern District Court 2015Gahap104030 filed a lawsuit against the Defendant to nullify the election of executive officers of a foundation, including V andW, who are the electors of the Defendant’s election of executive officers and of H H Confucian schools. The said court rendered a judgment that “the election of executive officers of November 9, 2014 is invalid.” The Defendant appealed against the judgment of the first instance court, but the Seoul High Court dismissed the Defendant’s appeal on June 17, 2016 (Seoul High Court 2015Na2069028), but the Defendant appealed on September 28, 2016 (hereinafter “related judgment”). The Supreme Court dismissed the Defendant’s appeal on September 28, 2016 (Supreme Court 2016Da23408).

(C) After the relevant judgment became final and conclusive, the 15th directors of the Defendant held a board of directors on October 11, 2018 and decided to delegate the Defendant’s election of the 17th officers to H Confucian Schools.

Accordingly, H Confucian schools opened a Standing Committee on December 22, 2018 and decided to hold a plenary meeting to hold an election of executive officers.

2) H Confucian Schools held on December 22, 2018, 16:00 (hereinafter “instant Confucian Schools”)

I shall attend 31 of the 51 representative of H H Confucian Schools and I.

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