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(영문) 서울고등법원 2018.08.23 2018나2016926
당선무효확인 등
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiffs' lawsuits of this case are dismissed.

3. All costs of the lawsuit are assessed against the Defendant.

Reasons

1. Basic facts

A. The defendant is an incorporated association whose purpose is to contribute to the construction of a creative knowledge-based country through a new knowledge-based campaign along with the sharing of knowledge and knowledge, thereby contributing to public interest. The plaintiffs are registered as the members of the defendant.

B. Around 13:00 on December 10, 2014, G, the president of the 7th Association, and the president of the 7th Association, who had been the president of the Defendant, proposed the amendment of the articles of association by holding a provisional director meeting on June 21, 2013. Around 14:00 on the same day, G, the president of the 6th Association, held a provisional director meeting on December 13:0, and held an extraordinary general meeting in 2014. Around 14:0 on the same day, 124 of the 130 incumbent representatives (direct 98, 26 of the 130 incumbent representatives) were present at the said extraordinary general meeting, the amendment of the articles of association as of June 21, 2013 (hereinafter referred to as “the amended articles of association” in the 2014, and “the existing articles of association” as “the articles of association as of June 21, 2013.

(2) On January 9, 2015, G was elected as the president of the Association by the board of directors in accordance with the amended articles of association on January 9, 2015, and was elected as the president of the Association at the representative general meeting. On January 29, 2015, G was elected as the president of the July representative association of the Defendant.

However, some members of the Defendant applied for the provisional disposition of suspending the performance of their duties against G on the ground that “The amended Articles of Incorporation becomes null and void due to serious defects in failing to meet the requirements for the quorum and the quorum necessary for the amendment of the Articles of Incorporation, and the resolution that elected G as the president of the Association in accordance with the above amended Articles of Incorporation also becomes null and void.” On July 8, 2015, G’s duties were suspended in accordance with the provisional disposition decision

(Seoul Southern District Court 2015Kahap127). G filed an objection against the decision of provisional disposition for the suspension of the above execution of duties, but on September 17, 2015, the effect of the provisional disposition was maintained as it is upon the decision of provisional disposition approval.

(Seoul Southern District Court 2015Kahap242 case).

December 1, 2015

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