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TITLE [Application for Selection and Appointment of Provisional Director]Supreme Court en banc Order 2008Ma699 Decided November 19, 2009 [full Text]
Summary
[1] Whether Article 63 of the Civil Code with regards to a selection and appointment of provisional director applies to an unincorporated association or foundation by analogy (affirmative) [2] The scope of ""an interested person"" who may apply for a selection and appointment of a provisional director pursuant to Article 63 of the Civil Code [3] The meaning of ""if a vacancy has occurred in the post of directors, or there is no director"" and ""where there is a reason to believe that damage will ensue therefrom,"" which are provided as requirements for a selection and appointment of provisional director under Article 63 of the Civil Code [4] The items to be considered in relation with the freedom of religion guaranteed under the Constitution, when the court selects and appoints a provisional director of a religious organization pursuant to Article 63 of the Civil Code [5] Whether a non-believer of the pertinent Religious Order can be selected and appointed as a provisional director due to vacancy in the position of Religious Order representative
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