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(영문) 서울행정법원 2016.11.28 2016구합3284
감사사임수리처분무효확인
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) was authorized to establish an association on January 6, 2015 and completed the registration of incorporation on January 19, 2015, and the Plaintiff served as the Intervenor’s auditor from around that time.

B. On April 15, 2016, the Plaintiff submitted to the Intervenor a letter of guidance stating that the Intervenor was unable to hold an extraordinary general meeting, which was scheduled as of April 23, 2016, with the phrase “a resignation from the office of an association, to resign from office due to personal circumstances” and “a resignation from office due to personal circumstances,” and “a letter of guidance” stating that the Intervenor was unable to hold an extraordinary general meeting, which was scheduled as of April 23, 2016.

C. On the same day, the Plaintiff submitted to the Intervenor a letter of resignation from office on the same day, stating that “The Plaintiff submitted the Intervenor’s letter of resignation from office on the date of gold ( April 15, 2016), but this was taken as soon as possible as the Plaintiff’s letter of resignation that was submitted as a result of the Plaintiff’s mistake and taken measures to withdraw from office.” D.

On April 19, 2016, the intervenor held the 17th board of directors on April 19, 2016 and decided to suspend the audit and inspection of the plaintiff (hereinafter “the resolution of the board of directors of this case”).

E. On April 19, 2016, the Intervenor resigned from the Defendant on April 15, 2016, and the 17th meeting of the 17th meeting reported the establishment of an association with the purport that the Plaintiff suspended the performance of duties pursuant to Article 18(4) of the Intervenor’s Articles of incorporation.

F. On April 20, 2015, the Defendant rendered the instant disposition to accept the report of change of the establishment that the Plaintiff resigned from the office of auditor.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings

2. Determination on this safety defense

A. Article 16(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) of the Intervenor’s defense against the establishment of the union is modified.

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