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(영문) 대전지방법원논산지원 2016.12.21 2016가합2260
이사지위확인의 소
Text

1. Ascertainment that the plaintiff is the defendant's director and the chief director.

2. A subsidy shall accrue from among the costs of lawsuit;

Reasons

1. Facts of recognition;

A. From 1965, the Plaintiff was active as the second school principal of the religious organization B, B, and was established on September 21, 2015, and was appointed as the director and the chief director.

F and the Intervenor joining the Defendant were appointed as a non-representative director.

B. Around October 2015, G entered into B and around August 2015, 2015, G was a person appointed as the secretary general of the Defendant’s office. G was under the Plaintiff’s trust and was in charge of the establishment of the Defendant, but on October 13, 2015, G was notified by F that “I shall be dismissed from office in accordance with the order of the Plaintiff.” On the same day, G raised an objection, i.e., to the Defendant’s directors, and sent a text message to convene an emergency board of directors at 12th of the following day. G sent a text message to the Defendant’s directors at around 21:34 of the same day. (2) On October 14, 2015, G prepared a resignation letter that the Plaintiff resigns the Defendant’s office as the Defendant’s president and affixed the Plaintiff’s personal seal affixed to the Plaintiff’s name received from the Plaintiff.

G was written by the same method that the Plaintiff resigns from the representative position B on the same day.

3) As of October 14, 2015, G also opened three of the Defendant’s five directors, excluding the Plaintiff and F, and the temporary board of directors present at G himself and H, and drafted the minutes of the appointment of G himself as a director at the board of directors. G also completed the registration of change of a corporation on October 27, 2015, according to the minutes of the meeting. (c) On October 15, 2015, the Plaintiff filed a complaint for the change of personal seal impression and the Defendant’s seal impression on October 28, 2015, with the charge of forging private documents and uttering of the above investigation documents, and filed an application for provisional disposition of temporary suspension of duties with the court 2015Ka5023, supra.

2. The Intervenor 2’s Intervenor’s Intervenor’s ratification of the above resolution of the board of directors on November 26, 2015 following the convocation procedure of the board of directors on December 2015.

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