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(영문) 서울동부지방법원 2015.09.02 2014가합11244
임시총회결의 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The defendant is a non-profit corporation established in Songpa-gu Seoul under the Credit Unions Act, and the plaintiff was working as the chairperson of the defendant.

D Around April 10, 2014, on the ground that the Plaintiff, the president of the Defendant, had obtained the consent of at least 1/5 of the union members, requested the Defendant to convene an extraordinary general meeting aimed at dismissing the standing president and the executive officers, but the Plaintiff did not comply with the request.

D Around April 16, 2014, around the defendant's audit and inspection requested the convening of an extraordinary general meeting for the same purpose, and the above audit and inspection did not comply with the request.

D, on April 17, 2014, as the representative of the defendant's association members, convened an extraordinary general meeting and held an extraordinary general meeting from F located in Songpa-gu Seoul on May 1, 2014. The defendant presented a resolution to pass it at the end of the discussion on each agenda (hereinafter referred to as "the first resolution of dismissal") by presenting subparagraph 2 of attached Table 1, which dismisses all executive officers, including the plaintiff, the executive director, and the auditor, at the above extraordinary general meeting, and on the premise that the final decision is made by the approval of the National Federation of Credit Unions, under the premise that it will be made by the approval of the National Federation of Credit Unions.

Accordingly, on May 1, 2014, the registration of change of executive officer was made against the Plaintiff on the ground of dismissal on May 1, 2014; on the other hand, on March 1 through 4, 2014, the registration of change of executive officer on the ground of resignation was made on May 19, 2014, respectively.

On May 14, 2014, the Defendant requested that D appoint a temporary president, H as a temporary vice-president, I, G, etc. upon the recommendation of the above resolution by the general meeting of this case, on the ground that all executive officers of the Defendant at the Federation of the Credit Union caused a vacancy due to dismissal or resignation from office at the general meeting of this case. The Defendant requested that D appoint a temporary president, the temporary vice-president, I, and G to the temporary directors and temporary auditors on May 19, 2014. The National Credit Union Federation Chairperson is Article 89(7) of the Credit Unions

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