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(영문) 서울고등법원 2017.07.05 2016나208640
회장선임결의부존재확인 등
Text

1. The lawsuit of this case is dismissed by the exchange in this court.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The status of the parties is the non-corporate body comprised of the AL and medical specialists, and the plaintiffs are the members of the defendant as the AL medical specialist.

B. According to Article 14 of the Articles of Incorporation of the defendant with respect to the election of the chairperson and the term of office of the defendant, the chairperson among the executive officers of the defendant shall represent the defendant and exercise overall control over the affairs of the defendant. The provisions of the defendant's articles of incorporation related to the election and term of office of the chairperson of the defendant shall be set up in the Special Metropolitan City, Metropolitan Cities, and Dos as follows.

Article 13 (Appointment of Officers) (1) The Chairperson, the Vice Chairperson, and the Auditor shall be elected at the General Meeting of Representatives.

Article 15 (Term of Office of Officers) (1) The term of office of officers shall be three years, and they may be reappointed.

The base date for the term of office of officers shall be the fixed representative general meeting of the elected year.

(2) Where the next executive is not elected, the executive concerned shall continue to perform his/her duties until the next executive is appointed, even if his/her term of office expires.

Article 20 (Representatives) (1) This meeting shall have representatives elected by the sub-general meeting pursuant to Articles 4 and 21 as members who paid full admission fees and annual fees for the last two years from among the regular members recorded on the register of registered members as of December 31 of the preceding year, excluding admission fees and annual fees for the last two years.

Article 27 (Matters to be Resolved by General Meeting of Representatives) (1) The general meeting of delegates shall deliberate and resolve on the following matters:

3. Matters concerning the appointment, dismissal, and approval of advisers of officers;

C. On October 16, 2011, at the time of the Defendant’s decision on October 16, 201 on October 201, 201, the temporary representative meeting of the Defendant was held on October 16, 201 in the status of 76 persons, including the replacement representatives among 81 registered representatives of the Defendant, and the provisional representative meeting of the Defendant was held on October 16, 201, and the representatives attending the said general meeting of the representatives were selected as the chairperson for whom the term of office begins from April 19, 2012 (hereinafter “the resolution of this case”).

The defendant's regular meeting on April 23, 2016 (i) AK's resolution.

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