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(영문) 인천지방법원 2017.11.02 2017가합1079

제명결의무효확인등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is an organization that employs C owners as its members and allocates the loading and unloading from the shipper of Incheon Port to its members, and the plaintiff is a former member of the defendant.

B. On February 9, 2017, the Defendant passed a resolution to dismiss the Plaintiff with the consent of all the remaining members except the Plaintiff (hereinafter “instant resolution”), and notified the Plaintiff of the resolution by content-certified mail on February 14, 2017.

C. On the other hand, the Plaintiff filed the instant lawsuit against the Defendant, and applied for a provisional disposition seeking “the Plaintiff shall temporarily designate the status of the Defendant as a member of the Defendant (Seoul District Court 2017Kahap88),” and on August 3, 2017, the said court rejected the Plaintiff’s application on the ground that “the Defendant cannot be deemed as a non-legal entity with independent party capacity.”

(hereinafter referred to as the "decision of provisional disposition in this case"). 【No dispute exists, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1-1, 2, 2, and 28, and the purport of the whole pleadings.

2. The resolution of expulsion of the Plaintiff’s assertion was adopted at the general meeting held without a notice of convening a general meeting, and the reason for expulsion of the Plaintiff presented by the Defendant is unreasonable. Thus, the resolution of expulsion of the instant case is null and void due to defects in the procedure and contents.

Therefore, the plaintiff is still a member of the defendant, and the defendant is obligated to compensate the plaintiff for damages caused by illegal resolution of expulsion.

3. Judgment on the defendant's main defense

A. The defendant's summary of the defendant's assertion is merely a partnership under the Civil Act, not a non-corporate body, and thus is not capable of being a party. Thus, the plaintiff's lawsuit is unlawful.

B. Although a cooperative and a legal entity under the Civil Act are not determined, the association is an association.

참조조문