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(영문) 인천지방법원부천지원 2015.04.08 2014가합4162
이사지위부존재확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and rearrangement project partnership with the approval of establishment on July 13, 2007, for the purpose of implementing a housing reconstruction and rearrangement project on the BD apartment located on the land outside the Hancheon-gu Seoul Special Metropolitan City BG and four lots, and the Plaintiffs are the Defendant’s members, and the BE and BF (hereinafter “instant directors”) were the Defendant’s directors on March 12, 2013 (Provided, That the instant directors are no longer registered as the Defendant’s directors (However, the instant directors are no longer registered as the Defendant’s directors).

B. On October 23, 2014, AV alleging that the Defendant’s representative for the president of the partnership was submitted to this court a preparatory document that recognizes the Plaintiffs’ claim of this case. On December 13, 2014, BH also assumed office as the head of the Defendant’s partnership on December 13, 2014, and completed the registration on February 25, 2015, submitted to this court a letter of arcition that recognizes the Plaintiffs’ claim on March 4, 2015.

C. The parts related to this case in the defendant's articles of incorporation are as follows.

Article 15 (Executives) (1) A cooperative shall have the following executives:

2. Six directors. (3) The term of office of officers shall be two years from the date on which they are appointed, and they may be reappointed after a resolution at a general meeting;

(5) An executive whose term expires shall perform his/her duties until his/her successor is selected and appointed.

Article 18 (Dismissal, etc. of Officers) (2) Where an executive is resigned from his/her office or is dismissed pursuant to the provisions of paragraph (1), a new executive shall be elected without delay.

In such cases, the qualifications of new appointed executives shall become effective externally when such changes are made to the establishment of the market and changes are made to the executives of the corporation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the applicant has fallen or not;

A. As recognized earlier than October 23, 2014, the failure of the claimant by the defendant on October 23, 2014 was made by AV claiming that the defendant had the authority to represent the defendant.

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