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(영문) 수원지방법원안산지원 2016.11.10 2016가합759
대표자 지위 부존재 확인
Text

1. Of the instant lawsuit, the part of the claim for dismissal is dismissed.

2. Of the instant lawsuit, the claim for cancellation of registered matters is dismissed.

Reasons

1. Basic facts

A. The instant incorporated association is an organization established on behalf of each organization with disabilities to revitalize its activities and promote the welfare of D disabled persons. The Plaintiff and the Defendant were appointed as a director of the instant incorporated association on March 31, 2010.

B. On March 31, 2010, the Defendant was appointed as the president, who is the representative of the instant incorporated association. On April 12, 2010, the Defendant was registered as a director with the provision on the restriction of power of representation, stating that “no representative exists except the Defendant,” in the registry of the instant incorporated association.

C. According to the articles of incorporation of the incorporated association of this case, one president of the incorporated association of this case shall be appointed (Article 9), the board of directors shall elect the president (Article 10(1)), and the term of office of the president may be renewed only once a two-year term.

(Article 11(1)(3)(A) / [based on recognition] The fact that there is no dispute, each entry, the purport of the whole pleadings.

2. The Defendant asserted that the term of office of the president of the instant incorporated association of the Defendant had expired on March 30, 2012, and even if so, he/she was reappointed once.

Even in March 30, 2014, the expiration date was expired.

Therefore, the defendant is now not in the position of the president, but exercises the exclusive power of representation without convening a board of directors for the appointment of the latter president. The defendant is dismissed from the president of the incorporated association of this case, and the restriction on the power of representation of the incorporated association of this case must be deleted.

3. Determination on the legitimacy of the instant lawsuit

A. As to the legitimacy of the claim for dismissal of the president among the instant lawsuit, the lawsuit seeking dismissal against the Health Institute and the representative, etc. of the instant incorporated association ex officio constitutes a formative lawsuit aimed at establishing a legal relationship, and the lawsuit seeking formation is permissible only when there are explicit provisions in law. As such, the instant claim is unlawful on the grounds that there is no legal ground.

This claim is a claim to confirm that it is not the representative of the incorporated association of this case.

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