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(영문) 대법원 1961. 12. 3. 선고 4294민재항500 판결
[부동산경락허가결정에대한재항고][집9민,092]
Main Issues

The validity of the subsequent resolution of the board of directors with respect to the appointment of directors by a director short of a quorum.

Summary of Judgment

In the case of a contribution act by an incorporated foundation, the board of directors shall not hold unless a majority of the directors attend the meeting, and a resolution of the board of directors by three of the seven directors shall be null and void by a director who is less than a quorum.

[Reference Provisions]

Article 58(2) of the Civil Act

Re-appellant

Enforcement Decree of this Convention

The court below

Seoul High Court Decision 61Ra151 delivered on June 14, 1961

Reasons

Since the re-appellant made a false resolution of the board of directors from the date of the re-appellant's appointment of directors (name omitted) and (name omitted) foundation (name omitted), the re-appellant's appointment of directors to the 3rd anniversary of the fact that the 4th anniversary of the fact that the 3th anniversary of the fact that the 3th anniversary of the fact that the 4th anniversary of the fact that the 3th anniversary of the fact that the 4th anniversary of the fact that the 3th anniversary of the 3th anniversary of the fact that the 4th anniversary of the 3th anniversary of the 4th appointment of the 4th appointment of directors, the 4th appointment of directors was made, the court below rejected the re-appellant's assertion that the 14th appointment of directors was invalid by the 3th appointment of the 4th appointment of directors and the 4th appointment of the 3th appointment of directors without the 3th appointment of the 4th appointment of the 3th appointment of directors, it is clear that the 1th appointment of directors was made under the 5th appointment of the 3th appointment of directors.

Justices Choi Ma-mo (Presiding Justice)

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