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(영문) 서울중앙지방법원 2015.02.06 2014가합536061
이사해임결의무효확인의 소
Text

1. Of the instant lawsuit, the board of directors of August 1, 2012 (the board of directors of August 1, 2012), from among the instant lawsuit, dismiss the Plaintiff from the board of directors.

Reasons

1. Basic facts

A. (i) The defendant is a foundation established on September 24, 1970 by I clans (hereinafter referred to as the "members of the clans") for the purpose of the promotion, etc. of the descendants of J's studity and descendants.

The Plaintiff is a person appointed as a vice-chairperson on July 28, 2011 after the Defendant was appointed as the Defendant’s director on February 24, 2011.

Things The articles of incorporation of the Defendant shall have nine directors (including one chief director and one vice chief director) and two auditors, and the directors shall be elected at the annual council, and seven of the directors shall be elected by each of the seven-party clans affiliated with the large clans (K, L, M, N,O, P, Q, and 7-party clans affiliated with the large clans), and the chief director and the vice chief director shall be elected from among the directors of the board of directors.

On the other hand, the defendant's articles of incorporation have seven members, one member shall be appointed for each seven-person clans of the defendant's board of directors, and one member shall be appointed for each seven-person clans of the defendant's board of directors, and matters concerning the appointment and dismissal of officers shall be resolved at the annual council comprised of directors and members.

According to the former personnel regulations enacted by the Defendant’s articles of incorporation, Article 36 subparag. 3 and 5 of the Defendant’s articles of incorporation, a person who intends to engage in an officer, deliberation member, or other positions has been required to register a candidate with a resume, etc. at least five days before the election.

At the defendant's board of directors held on March 28, 2012 (hereinafter referred to as the "board of directors of March 28, 2012"), the defendant's board of directors held on March 28, 2012 (hereinafter referred to as the "board of directors") designates the candidates for officers from a clan (seven members), a person who has received multiple recommendations for the candidates for the members of a clan, and the executives and members of a clan or other persons who intend to hold a position have made a resolution to amend the former personnel regulations so that they

(hereinafter referred to as "the former personnel regulations". (B) The former personnel regulations and the latter personnel regulations.

R, (i) the Defendant’s president, on April 9, 2012, on the recommendation of large-sized directors and on May 1, 2012, on the recommendation of the joint meeting, the term of office of seven (7) directors, among nine (9) directors, shall expire on May 1, 2012.

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