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(영문) 창원지방법원통영지원 2020.01.16 2018가합11134

제명결의무효확인등의 소

Text

1. It is confirmed that a resolution made by the Defendant at the Assembly of June 23, 2018 to recommend a plaintiff is null and void.

2. The defendant.

Reasons

Basic Facts

The defendant joining the plaintiff's family fraternity is a fishing village fraternity with the area where the members of the family village in Gyeongnam-gun, Chungcheongnam-gun.

On February 1, 2012, the Plaintiff prepared a “written consent to join a fishing village fraternity” (hereinafter “written consent to join a fishing village fraternity”) with the following contents as stated below, and delivered it to the representative of the Defendant at the time. On February 8, 2012, the Plaintiff joined the Defendant’s general meeting at the ordinary meeting of the Defendant as the Defendant’s fishing village fraternity member.

A person who has consented to the membership of a fishing village fraternity shall, while joining the defendant, agree with the defendant on the following matters:

C. Foods

1. The amount of money to be admitted shall be the amount equivalent to the amount per person per 46 persons of fraternitys (including associate fraternitys) on April 20, 2012, with cash and time deposits as of April 30, 2012;

2. It shall not claim any right, such as compensation, because it is impossible to calculate the value of the fishing ground, etc. of sea except subparagraph D of the village fishing ground and it was not contributed at the time of establishing the fishing ground.

3. The amount of compensation set D shall be distributed and received on January 31, 2012 by 1/20,000 of the members of the fraternity prior to January 31, 2012.

4.No person shall be allowed to use the quantity for any purpose other than its original purpose.

As above, the defendant and the plaintiff join the defendant under agreement.

On November 11, 2013, the Plaintiff prepared and delivered to the Defendant a written agreement (hereinafter “instant agreement”) with the following contents, and passed a resolution at the general meeting of the Defendant:

The defendant and the principal of the agreement agree with respect to the sale of the defendant's fishery right and the receipt of various compensation for damage to fishery rights as follows:

1. The principal fully recognizes that many efforts have been made by existing members who opened and managed the fishery right, fishing ground, etc. owned by the defendant before joining the defendant, such as the labor force and monetary or mental health;

2. Recognizing that he was admitted to the Defendant and did not input or pay any labor force and money in relation to fishing rights or fishing grounds.

3.The principal shall be admitted to the defendant and shall prepare a written agreement with the consent of the General Assembly.