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(영문) 서울북부지방법원 2017.05.18 2016가합25243
이사회결의무효확인
Text

1. Each lawsuit of the plaintiff A, C, and E shall be dismissed.

2. The Defendant dated July 22, 2015 between the Plaintiff B, D and the Defendant.

Reasons

Basic Facts

The defendant is an educational foundation established for the purpose of providing young children, elementary schools, secondary schools, and higher education in accordance with the Private School Act.

Plaintiff

A is a person who was, or is currently, in office as the defendant's regular director (referred to as "regular director"; hereinafter the same shall apply) from August 28, 2012 to August 27, 2016, and from April 29, 2013 to April 29, 2013, where it is necessary to distinguish it from temporary directors appointed by the competent authorities pursuant to Article 25 (1) of the Private School Act.

Plaintiff

C, D, and E are professors of H University (hereinafter referred to as “H University”), and Plaintiff D is a person who applied for the 10th president of H University.

G has served as the 8th and the 9th president of H, and the defendant board of directors held on July 22, 2015 was appointed as the 10th president of H.

Since the appointment of the provisional directors by the competent authorities as the president of the H Group 9, conflicts have occurred between the power to support G in the Defendant and the power not supported by the Defendant, and due to that, the situation where the Defendant’s directors, I, G, J, and K, from among the Defendant’s directors, failed to appoint a death after retirement, continues.

Accordingly, the Minister of Education, which is the competent authority, appointed four L, M, N, andO on March 11, 2015 as temporary directors for a two-year term from March 11, 2015 to March 10, 2017. Accordingly, the Defendant’s board of directors was composed of Plaintiffs A, B, P, Q 4 and the above temporary directors, who are the existing regular directors.

On April 24, 2015, the Defendant requested on May 20, 2015, the expiration date of the term of office of the regular director Q by the board of directors on April 24, 2015, the Defendant’s president, and the Defendant’s president, on March 25, 2015, to recommend two persons eligible for appointment of an open director to be appointed as a successor of Q.

On April 24, 2015, the Open Director Recommendation Committee recommended R and S to be a new candidate for the open director of Q at the meeting of Q, and notified it to the board of directors.

On April 24, 2015, the defendant held a board of directors for the appointment of open directors.

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