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1. Of the instant lawsuit by Plaintiff D and the instant lawsuit by Plaintiff A, B, and C, F at the Defendant’s extraordinary general meeting held on May 17, 2016.
Reasons
Basic Facts
The defendant corporation is a corporation established for the self-reliance of the home lease, which is a housing weak class, in accordance with Article 32 of the Civil Code on May 9, 2012 and the regulations on the establishment and supervision of nonprofit corporations under the jurisdiction of Seoul Special Metropolitan City after obtaining permission for establishment from the Mayor of Seoul Special Metropolitan City on April 17, 2012.
Plaintiff
A was appointed as a director of the defendant corporation on May 9, 2012 and retired on May 9, 2016.
Plaintiff
B and C were appointed as a director of the defendant corporation on February 27, 2014, respectively, and the plaintiff D was appointed as an auditor from the time of incorporation of the defendant corporation.
On May 8, 2014, the auditor of the defendant corporation resigned from office.
The defendant corporation deemed that the term of office of the plaintiff A, who is the convening authority of the general meeting, expired on May 9, 2016, and requested the Seoul Special Metropolitan City Director, who is the supervisory authority of the defendant corporation, to approve the convocation of the general meeting according to the consent of at least 1/3 of the members of the defendant corporation under Article 20
The Mayor of Seoul Special Metropolitan City approved the convening of an extraordinary general meeting of the defendant corporation on May 10, 2016.
On May 17, 2016, 63 of the members of the 84 members present and held an extraordinary general meeting (hereinafter referred to as “instant extraordinary meeting”).
In the above special meeting, Article 3, 4, 9, 20, and 26 of the Articles of incorporation of the Defendant Corporation was amended as shown in the attached Form, and the Plaintiff A, I, J, K, and L, who is a director, retired on May 8, 2016 from office as of May 8, 2016, the auditor, auditor, and Plaintiff D were appointed as directors, directors, Q, H, F, and G auditors, respectively.
However, the plaintiffs filed the instant lawsuit to confirm that the resolution to appoint N, F, etc. as an auditor was null and void at the instant special meeting, and that the resolution to appoint N,O, P, and Q has been withdrawn from each director on August 23, 2016, and the registration of resignation was completed on November 11, 201 of the same year, and F, G, and Q retired from each auditor on November 10, 2016.
On the other hand, the director H (person with the power of representation of the defendant corporation) of the defendant corporation was suspended from performing his duties on August 8, 2016 by the Seoul Eastern District Court 2016Kahap10213 provisional disposition order, and the director R is the same.