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(영문) 창원지방법원 2014.05.15 2013가합3194
해임무효확인
Text

1. It is confirmed that a resolution dismissing all of the directors at the ordinary meeting of the shareholders on April 16, 2013 by the defendant is null and void.

2...

Reasons

1. Facts of recognition;

A. The Defendant is a non-profit incorporated association aimed at developing local communities and promoting culture, and on December 31, 2012, the Defendant’s president D has resigned from office as president, and on April 1, 2013, as directors E act as president, notified members of the opening of the ordinary general meeting in writing and convened a general meeting of April 16, 2013 (hereinafter “instant general meeting”).

The agenda of the General Meeting mentioned in the document sent by E while notifying the holding of the General Meeting shall be as follows:

No. 2 of the Bill No. 3 of the Bill No. 1 of the Bill No. 2012 and the Bill No. 5 of the Bill No. 1 of the Bill No. 2013, No. 3 of the Bill No. 2013 of the Bill No. 4 of the Bill No. 5 of the Bill No. 6 of the Bill of the Approval of Partial Amendment to the Articles of Incorporation No. 3 of the Bill No. 4 of the Bill No. 5 of the Bill No. 1

B. On April 16, 2013, at the ordinary meeting held on April 16, 2013, the Defendant’s dismissal proposal was presented to the vote and submitted to the vote. E, the chairman of the general meeting after voting, declared a resolution on the dismissal proposal.

(hereinafter referred to as the “instant dismissal proposal” and a resolution which has been adopted in the external form as a result of a resolution on the dismissal of all directors such as the above. (hereinafter referred to as the “instant dismissal resolution”). (C)

The minutes of the general meeting of this case include 76 members present at the meeting place among 188 incumbent members, and 20 members who delegate voting rights to the members present, meeting the quorum of the general meeting, and include 42 or 43 members with a large vote for the resolution of dismissal of this case, and 2 dissenting members with respect to the resolution of dismissal of this case.

Article 21(4) of the Defendant’s Articles of Incorporation provides that “The president shall expressly state the agenda of the meeting and notify in writing 14 days prior to the commencement of the meeting,” and Article 23(1) of the same Act provides that a general meeting shall be held when a majority of the registered general members and special members

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