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(영문) 대전고등법원(청주) 2015.03.24 2014나21091
창건주 지위 확인 청구의 소
Text

1. The part against Defendant B among the judgment of the court of first instance is revoked, and the plaintiff's lawsuit against Defendant B is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. Defendant Incorporated Foundation C (hereinafter “Defendant Incorporated”) is an incorporated foundation that carries out projects, such as the establishment, operation, and support of the training center for the purpose of performing the practice of the ordinary and middle students, contributing to the promotion of national welfare, and the maintenance and management of property owned.

The plaintiff (legal title H) and the defendant B (legal title I) were the chief director of the defendant foundation, and they were the lineal ascendants and descendants of J (legal title K), and G were the temples that became the branch members of the defendant foundation around 1993, and the J was the first step.

B. Of the articles of incorporation and the rules on the establishment of branch institutes of the Defendant Foundation, the parts relating to the head of Changju or branch institutes are as follows.

1) The principal office of Defendant Foundation (Office of September 26, 2002) under Article 2 of the Articles of Incorporation (amended by Act No. 6, 2002) shall be established at the Cheongju-si and may have branch offices and branch offices in necessary places. Pursuant to Article 2 of the Articles of Incorporation (President). 16 (Duties of Branch Offices) the branch director shall be appointed to the branch director and shall ensure succession to affairs permanently. 2. 3. The branch director may be appointed by the chief director; 3. In the event that the branch director is unable to perform his duties or there is an unlawful act, the auditor may be dismissed by the resolution of the board of directors in accordance with the audit results. The functions of the board of directors are as follows.

1. Formulation and operation of business plans;

2. Preparation of budget and settlement of accounts;

3. Modification of the articles of incorporation and corporate dissolution;

4. Appointment and dismissal of officers;

5. Administration, disposal, acquisition, and issuance of bonds;

6. Business execution;

7. Other matters referred to by the chief director. 2) A person who has donated the property of a pre-existing inspection under Article 3 of the Regulations on the Establishment of a Sub-Subdivision (Enforcement of February 4, 1994) shall be presumed to be the foundation of the inspection, and the chief of the inspection who has participated in the donation may be presumed to be a joint foundation. In the case of a decentralization founder of Article 4, in principle, it shall be deemed to increase the organization, and new Dos (the right of the non-governmental person shall be limited to the foundation of the inspection).

The appointment of the representative of the branch director of Article 6 shall be made only by the chairperson on his/her own initiative, and his/her appointment shall be made by the chairperson on his/her own initiative, and his/her appointment shall be made by the head of the Ri on his/her own.

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