(영문) 서울중앙지방법원 2017.12.14 2017가합4831

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(영문) 서울중앙지방법원 2017.12.14 2017가합4831

이사지위 부존재 확인 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts were established on January 13, 2016 as an incorporated foundation established for the purpose of enhancing national prestige and fostering human resources for each issue through sports, and C, the first president of the Plaintiff, resigned on February 26, 2016.

On May 13, 2016, the defendant was elected as a new director at the board of directors of the plaintiff on May 13, 2016, and was elected as a successor director at C's meeting on August 24, 2016.

Plaintiff

The contents relating to the issues of the instant case in the articles of incorporation are as follows.

Article 18 (Types and Fixed Number of Officers) (1) The kinds and the fixed number of officers to be placed in the Foundation shall be as follows:

1. Five directors (the chief director shall be an ex officio director);

2. One auditor. (2) The directors under paragraph (1) 1 shall include the chairperson and the standing director;

Article 19 (Standing Directors) (1) The chairperson may appoint two of the directors as standing directors to take exclusive charge of the projects referred to in Article 5, subject to the resolution of the board of directors.

Article 20 (Term of Office of Officers) (1) The term of office of directors shall be two years, and that of auditor, two years.

(2) The term of office of an officer appointed by a boat shall be the remainder of the term of office of his predecessor.

Article 21 (Methods of Appointment of Officers) (1) Directors and auditors shall be appointed by the board of directors and shall be appointed with the approval of the supervisory authority.

(2) The dismissal of executives before their terms expire shall be determined by a resolution of the board of directors.

Article 23 (Method of Election and Term of Office of President) (1) The chief director shall be elected by and with the approval of the supervisory authority.

(2) The term of office of the chairperson shall be the period of directors.

Article 35 (Amendment of Articles of Incorporation) When intending to amend the Articles of Incorporation, approval of the supervisory authority shall be obtained with the consent of two thirds or more of the prescribed number of the registered directors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's main defense has no representative authority of the plaintiff, and representative authority of the defendant.

유사 판례

-서울중앙지방법원 2018.11.07 2018가단5019296

-서울고등법원 2017.11.20.자 2017라21192 결정

-서울행정법원 2017.6.22.선고 2017구합59482 판결

-부산고등법원 (창원) 2018.05.03 2017나21810

-서울중앙지방법원 2016.09.27 2015가합571269