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(영문) 의정부지방법원 2017.08.18 2015가합55943
대표자 선임 결의 무효 확인의 소 등
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. A resolution on the appointment of the representative of the Defendant B religious organization C on September 23, 2014 is made.

Reasons

1. Basic facts

A. Defendant B religious organization C (hereinafter “Defendant inspection”) was established on May 22, 2008 by the chief director (main director), the Plaintiff of the standing director, the director D, the F, and G.

B. According to the minutes of the Defendant Inspection on September 23, 2014, the board of representatives of the Defendant Inspection convened on September 15, 2014 and convened on September 23, 2014, five representatives were present on September 23, 2014. “As executives retire due to the circumstances, H, I, and G retire, it shall be asked to the executives attending the replacement into J, K, and L. In other words, the present representative and E are passing through the full meeting with the unanimous consent of all the members present at the meeting.” The present representative and E, the representative of the Defendant Inspection’s meeting, who was passed by the Defendant Inspection’s representative and appointed as the representative of the Defendant D’s representative upon the recommendation of the Defendant D as the chief of the board of directors present at the meeting, i.e., the Defendant D, K, and L’s seal affixed on the end of the minutes.

(hereinafter “instant resolution”) C.

In relation to the issues of the instant case, the main contents of the articles of association of Defendant Inspection are as follows.

Article 11 (Representative of General Meeting) (1) Members of the Defendant Inspection may participate in the general meeting with representatives, and the representatives shall consist of all the officers of this meeting, each new executive officer and each such representative as the respective youth association. Article 13 (Types and Number of Officers) 1) 2) Not more than five directors (including chief director and full-time directors).

3) The officers of Article 14 (Election of Officers) 1 who are auditors shall be elected at the General Assembly of Representatives. The terms of office of officers of Article 17 (Term of Office of Officers) 1) may be five years and may be renewed consecutively.

Article 24 (Convocation of General Meeting) The ordinary meeting shall be convened in February every year, and the special meeting shall be convened and chaired by the president when the president deems it necessary. 2) The president shall expressly state the agenda, date and time, place, etc. of the meeting and notify each representative of the meeting in writing by no later than seven days prior to the commencement of the meeting.

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