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(영문) 청주지방법원 2017.06.14 2016가합23677

대의원회임시총회결의무효확인청구

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1. The Defendant’s resolution of expulsion of a member of the Plaintiff at an extraordinary general meeting of delegates on November 29, 2016 is null and void.

Reasons

1. Basic facts

A. The relevant defendant between the parties is a corporation established based on the Agricultural Cooperatives Act to promote the enhancement of agricultural productivity and the enhancement of social and economic status of its members. The plaintiff joined the defendant's membership on August 26, 2008 and joined the defendant's association as the head of the defendant's association from February 5, 2013 to December 12, 2015, and was expelled from the defendant's special general meeting held on October 31, 2016, but was expelled from the defendant's representative meeting held on November 29, 2016.

B. On February 5, 2013, the Defendant held a special election for the president of the partnership. On February 5, 2013, the Plaintiff and C et al. left the partnership and elected the Plaintiff as the president of the partnership. 2) Accordingly, C et al. filed a lawsuit against the Defendant on March 6, 2013, and the first instance court of the lawsuit on confirmation of invalidation against C rendered a judgment against C. However, the appellate court [Se Daejeon High Court 2014Na20500] issued a judgment against C, but the appellate court [Sek High Court 2014Na2050] did not sell all the lawsuit raised by the Plaintiff on October 1 through 11, 208, and did not raise any subsequent lawsuit, thereby losing its membership status. Accordingly, the Defendant’s appeal against this is dismissed (Supreme Court 2015Da2070822).

6. 24. The above appellate judgment became final and conclusive.

3) Meanwhile, the Plaintiff was elected again as the head of the Defendant’s partnership at the election of the head of the partnership, which was pending in the final appeal on March 2015. On June 24, 2015, the Supreme Court decided that the Plaintiff’s election becomes null and void on February 5, 2013, the representatives of the Defendant partnership sent a written request for convening an extraordinary general meeting for the Plaintiff’s dismissal and expulsion of its members on December 3, 2015. 4) Accordingly, the Plaintiff resigned from office as the head of the partnership on December 12, 2015.

C. The Plaintiff’s re-admission and expulsion process 1 is from March 2016 to September 2016.