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(영문) 의정부지방법원 2016.03.04 2015가합1649
총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In the past, the representative of the Defendant was the Plaintiff, which was the District Court 201Kahap9829, which was the District Court 2011Gahap9829, filed a lawsuit seeking confirmation of the absence of the status of the Plaintiff’s president. The above court decided on August 31, 201 that “the Plaintiff shall not perform the duties of the Defendant’s president, and shall not be appointed as the Defendant’s president, and C shall be appointed as the Defendant’s acting president during the period of suspension of the performance of duties,” and the period of performing duties by C was set up until the time when the principal lawsuit becomes final and conclusive.

B. In the instant case, the District Court Decision 2011Gahap9829 rendered on August 1, 201, stating that “the Plaintiff is not in the Defendant’s position as the president,” and on the same day, the Plaintiff’s authority as the Defendant’s acting president was extinguished.

C. On December 21, 2014, the Defendant held an ordinary general meeting D on December 21, 2014 and elected C as the Defendant’s representative.

On June 19, 2015, the Plaintiff filed an application against C for a provisional disposition of suspending the performance of duties as the District Court 2015Kahap104, and the said court rendered a ruling on June 19, 2015 that “C shall not perform its duties as the chairperson of the Defendant until the judgment of the District Court 2015Kahap1649 became final and conclusive.”

E. On July 6, 2015, E, the Defendant’s interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-based interest-

"" sent a notice of convening an extraordinary general meeting by mail, and advertised the holding of the above general meeting in a daily newspaper.

F. The Plaintiff, as the District Court Decision 2015Kahap5121, was elected as the president at the extraordinary general meeting of November 30, 2014, the Plaintiff asserted that the convening of the general meeting by the co-appellant is unlawful and on July 19, 2015.

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