제명무효확인
1. Ascertainment that the Plaintiff is a member with the Defendant’s right to vote as an officer.
2. The plaintiff's remainder.
1. Basic facts
A. Pursuant to Article 65(3) of the Special Act on the Development of Traditional Markets and Shopping Districts and Article 12(7) of the Enforcement Rule of the same Act, the Defendant is a non-corporate group entrusted by Tong Young-si with the management of Tong Young-si C market (hereinafter “instant market”), which consists of merchants conducting business in the instant market.
B. The Plaintiff is a merchant engaged in wholesale and retail business with the trade name called D in the instant market, and has paid KRW 10,000 per month to the Defendant from December 2010.
On May 2014, the Defendant notified the Plaintiff of the fact that he would no longer receive membership fees (hereinafter “instant expulsion disposition”).
On September 28, 2017, the Plaintiff deposited 410,000 won unpaid membership fees (from May 2014 to September 2017) with the deposited person as the Defendant, and 50,000 won unpaid membership fees (from January 30, 2014 to April 2014 and from October 2017) on October 30, 2017.
C. The contents of the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) pertaining to the instant case are as follows.
Section 2.(Name and Zone) This Association is an incorporated association B Merchants' Association (hereinafter referred to as the "Merchants' Association") and is an incorporated E-dong part of the administrative Dong that forms a single traditional market by overlapping stores and sales in wholesale and retail business and service business.
Article 8 (Classification of Members) Members of the Merchant Association shall be classified as regular members, associate members, and members of street stores (non-stores) as follows:
1. A regular member shall establish a store and pay membership fees, and directly conduct business;
2. A quasi-member who directly runs the sales business while paying membership fees without his/her store (e.g., a remote business operator, a dry-distance business operator, a dissolved, and other sellers);
3. A member of a street store (nonstore) is a person who pays a daily membership fee to a person who continuously engages in a business at a certain place, and the member is a member of Article 9 (Qualifications for Members).