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(영문) 서울고등법원 2016.06.17 2015나2069028
재단임원선거무효확인
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

1. Basic facts

A. 1) The Plaintiffs are those who have the right to vote in the election of Defendant executives, and are M’s representatives. 2) The Defendant is an incorporated foundation established to maintain N literature and manage education and teaching projects, thereby promoting the development of culture.

3) M is a non-corporate body that performs the functions of protecting, preserving, and providing services for N’s O-gu and P-gu regional literature. Its officers consisting of full-time school, deputy school, funeral (which may exercise voting rights by attending a general meeting of personnel management and Q). 4) The Defendant’s supplementary intervenor is a person elected as the chief director, director, or auditor on November 9, 2014 from an election of the Defendant’s incorporated foundation officers on November 9, 2014.

B. The Defendant, on the ground that the term of office of directors and auditors is expected to expire as of December 3, 2014, decided to hold an election for the executives of the Foundation. (2) On July 29, 2014, the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors

3) On October 22, 2014, the Defendant’s executive election commission announced that “the election of an executive officer of the Foundation shall be held by the convening of the election commission pursuant to Article 6(1) of the Foundation’s Articles of Incorporation, and the president of the Foundation shall be held by means of reporting to the N Director. The electoral registry (including eligibility for election) was held on September 30, 2014 by presenting the four agenda of the board of directors, and was determined as a confidential vote, and is entitled to vote only for the fixed number of persons,” and that the Defendant’s board of directors was dismissed by M on October 27, 2014 and that the Defendant’s board of directors was dismissed by M on September 14, 2013, and that he/she was disqualified from the application of the head of M on September 14, 2013, and that he/she was entitled to vote.

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