제명결의 무효확인 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant may organize a fishing village fraternity based on the administrative district, economic right, etc. of the fisheries cooperative (hereinafter referred to as "fishing village fraternity") under Article 15(1) of the Fisheries Cooperatives Act (hereinafter referred to as "the Fisheries Cooperatives Act"), and the district thereof shall be determined by the articles of association of the fishing village fraternity.
Pursuant to Dong, the members of the D Association (hereinafter referred to as the "D") residing in Gangnam-si, is a fishing village fraternity established by the members of the D, and the plaintiff is the defendant's fraternity.
B. On May 4, 2016, the Defendant attended at the special meeting held on May 4, 2016, 35 (including a leader and an executive secretary) from among 39 members of the fraternity, and made a resolution to expulsion the Plaintiff on the ground that “the Plaintiff’s detection of the Plaintiff’s fishing gear and other various items, which the Plaintiff was discovered while they stolen on the sea for a long time, constitutes a case in which the honor and credit of the Defendant fishing village fraternity was significantly damaged” (hereinafter referred to as the “resolution to expulsion”), and notified the Plaintiff of the purport on May 16, 2016.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings
2. The plaintiff's assertion
A. According to the Articles of incorporation (e.g., the Ordinance of the Ministry of Oceans and Fisheries, where a fishing village fraternity member is held at a general meeting to dismiss fishing village fraternity members, the resolution of expulsion of this case is null and void since the defendant merely notified the relevant member of the reason for expulsion by telephone prior to the day of the general meeting and provided legitimate notification under the Articles of incorporation.
B. Although there was no fact that the head of the association affiliated with substantive defects notified the defendant of the plan for the resolution of expulsion against the plaintiff, the defendant did not have any reason to expulsion the plaintiff. It is the plaintiff's personal criminal act irrelevant to the status of the defendant's leader, which is criminal punishment for the defendant's theft of another's fishing net and gear on the sea.