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(영문) 서울서부지방법원 2016.09.22 2016가합34076
임시총회결의 무효의 소
Text

On April 20, 2016, the defendant adopted a resolution to appoint the appointed directors of the general meeting on February 25, 2016.

Reasons

1. The facts under the basis of facts may be found, either in dispute between the parties or in each entry in Gap evidence 1 to 4 (including paper numbers), together with the whole purport of the pleadings.

The defendant is an incorporated association established with the purpose of supporting the operation of welfare facilities for the aged as its members, expanding their rights and interests, and contributing to the development of welfare for the aged as its members, and the plaintiffs are the members of the defendant.

B. On February 25, 2016, the Defendant made a resolution on the appointment of 16 directors including Nonparty O, P, B, M, D, Q, R, C, and S at an ordinary general meeting (hereinafter “the instant appointment resolution”).

C. However, after Nonparty T newly assumed office as the president of the Defendant, the Defendant held an extraordinary general meeting on April 20, 2016 (hereinafter “instant extraordinary meeting”).

The above special meeting was held by 469 persons, including 294 delegations, among the 865 registered persons, and 282 persons among the delegated persons were delegated only to the Chairperson with the authority to attend the special meeting, excluding the voting rights of the special meeting.

The contents of each power of attorney are as follows:

Pursuant to Article 18 of the N Articles of Incorporation, the power of the power of the power of the power of the power of the power of the power of the person shall be prohibited from attending the extraordinary general meeting of 2016 ( April 20, 2016) and shall be delegated to the Speaker

(m) The delegation of this delegation is without relation to the decision-making to hold an extraordinary general meeting. D.

The defendant presented at the special meeting of this case the following items to the effect that the resolution of the appointment of the director of this case with respect to the aboveO, P, B, M, D, Q, R, C, and S was invalid, and the above agenda was resolved with the consent of the rest other than eight opposing persons among the number of persons directly present and six persons, on the premise that the majority of the number of persons directly present except the number of persons directly present is satisfied, on the condition that the quorum is satisfied.

(hereinafter “instant resolution”). E.

Among the defendant's articles of incorporation, the general meeting is important.

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