Seoul Administrative Court 2009Guhap53366 ( October 23, 2010)

Any appeal shall be dismissed as it is filed by a person without the power of representation.

The general meeting is convened by a person who has no power of representation, and the procedure of convening the general meeting is unlawful, so the resolution of selecting the head of the above general meeting as the chairperson is null and void. Since the head of the above general meeting does not have the power of representing the clan, the appeal shall be

2010Nu27785 Revocation of disposition of change of representative of business registration certificate

○ ○ Association

○ Head of tax office

Seoul Administrative Court Decision 2009Guhap53366 decided July 23, 2010

May 4, 2011

May 18, 201

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Funeral Service indicated as the representative of the Plaintiff.

The judgment of the first instance is revoked. The defendant's disposition to change the representative of the ○○○ Business Registration Certificate against the plaintiff on August 4, 2009 shall be revoked.

1. Determination as to whether the appeal of this case is legitimate

A. Defenses before the merits

The defendant is not a legitimate representative of the plaintiff, and the appeal of this case is filed by a person who has no representative authority, and is unlawful.

(b) Fact of recognition;

The main contents of the ○○ Association rules are as follows.

Since the president BB of the Plaintiff clan resigned on January 31, 2006, there has been disputes over the appointment of the president of the Plaintiff clan through the General Assembly on April 14, 2006, through the General Assembly on June 8, 2006, including the appointment of the president of the Plaintiff clan through the General Assembly on June 8, 2006.

The headAE is the president of the ○○○ Central Headquarters's meeting for emergency countermeasures against emergencies in the name of "E", and the head AE was elected as the president of the ○○ Central Headquarters's meeting at the special meeting held on July 25, 2008.

However, on behalf of the Plaintiff (the “○○ Central Headquarters” is indicated as the name of the “○○○○ Council”). In the case of an application for adjudication, the Seoul High Court 2009 early 1197, which was brought on behalf of the Plaintiff, it was determined that the president was not entitled to represent the Plaintiff. The president decided to convene an ordinary general meeting for ratification of the power of representation, and publicly announced the opening of an ordinary general meeting on March 10, 2010 in the name of “○○○○○○ Council Act,” “FF on behalf of the President, ○○○○○○○○ Council,” and “E-President,” the president was elected from the ordinary general meeting held on March 26, 2010 to the president.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, 13 through 20, 33, 40, Eul evidence Nos. 3 through 5, the whole purport of the pleading

C. Determination

(i)The Extraordinary Resolution on July 25, 2008, which was first elected by the President on the 2008 ○○○○○ Central Headquarters, was convened not by the President or the Vice-Chairperson in accordance with the ○○○○ ○○ ○○ ○○ Governing Emergency Measures Council, which is an organization not specified in the Regulations, but by the Head E of the ○○ ○○ ○○ Governing Headquarters, and is in violation of the Regulations and null and void.

2) On March 26, 2010, the resolution of the ordinary meeting of shareholders, which re-elects the President A as the president, shall be deemed valid.

The following facts are acknowledged in full view of the arguments in Gap evidence No. 33. The FF was appointed as the chief vice-chairperson by the head BB at the time of the resolution of the general meeting of the clan on September 1, 2004 without the resolution of the general meeting of the clan, and the headB resigned on January 31, 2006 and performed the duties of the president on behalf of the president. However, since some vice-chairpersons, auditors, etc. were not elected at the general meeting, the FF independently held a general meeting and continued disputes over the appointment of the president, such as selecting the headCC as the president.

According to the above facts of recognition, the FF is against the rules of the plaintiff clan that stipulate that the president and the vice-chairperson shall be elected at the general meeting, and it is not elected at the general meeting, and it is not a legitimate vice-chairperson, and there is no authority to act on behalf of the president.

On March 26, 2010, the general meeting is convened by a person who has no power of representation, and the convocation procedure is unlawful. Thus, the resolution of selecting the AA as the president at the above general meeting is also null and void.

3) Since the funeral does not have the right to represent the plaintiff's clan, the appeal of this case is unlawful as it is filed by a non-representative of authority.

2.In conclusion

The appeal shall be dismissed.