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(영문) 서울동부지방법원 2018.01.11 2014가합13035
장씨대종회 종회수호대책위원장 지위확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an organization with the purpose of promoting friendship, promoting welfare, enhancing sublime thoughts, preserving relics in time, etc. as its members, as well as preserving relics in time.

B. On September 1, 2010, the Plaintiff, as the Defendant’s auditor, issued an announcement of convening an extraordinary general meeting to the E Press to the effect that “the Defendant’s emergency general meeting is convened on September 12, 2010 in accordance with Article 67 subparag. 3 of the Civil Act and Article 23 of the Regulations,” and accordingly, on September 12, 2010, the Defendant’s extraordinary general meeting (hereinafter “instant extraordinary meeting”) was held.

C. At the instant special meeting, 25 persons, including the Plaintiff, attend the meeting of 25 members including the Plaintiff, establish the “PS Committee” (hereinafter “PS Committee”), and (2) delegate the authority of the Defendant to execute the duties to the PS Committee, and (3) enact the regulations of the PS Committee, and (4) pass a resolution on the selection of the Plaintiff, F, etc. as members of the PPS Committee (hereinafter “PS Committee”).

After the completion of the special meeting of this case, the countermeasures committee members made a resolution to appoint H as the chairperson of the Countermeasure Committee, the plaintiff, G, and the secretary general, with an assistant meeting, as the chairperson of the Countermeasure Committee.

E. On March 29, 2012, the Countermeasure Committee opened a meeting and passed a resolution to elect a plaintiff as a new chairperson upon the resignation of the former chairperson I, among six countermeasures committee members, on or around March 29, 2012. On or around March 30, 2012, the Committee held a meeting again and held a meeting again on or around March 30, 2012, and made a resolution to newly establish a provision that “the authority of the Chairperson of the Countermeasure Committee on Recovery and Relief delegated by the General Meeting shall represent the defendant and exercise overall control over the defendant’s affairs” (Article 20(3)).

Since then, the plaintiff asserts that he is the representative of the defendant.

Article 20 (Authority of President and Vice-President) (1) The president shall represent the principal meeting and exercise overall control over the affairs of the principal meeting.

(2) The chief vice-chairperson shall assist the chairperson, and make a public announcement of the chairperson.

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