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(영문) 창원지방법원통영지원 2019.11.14 2018가합10711

제명처분무효확인의 소

Text

1. The Defendant’s resolution of expulsion against the Plaintiff on May 1, 2018 confirms that it is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic Facts

The defendant is a fishing village fraternity that covers B fishing ground located in Tong Young-si, Dong Young-si, and the plaintiff is a member of the defendant's fraternity.

On May 1, 2018, the Defendant’s fraternity members present at the special general meeting, discussed that “the Defendant’s fraternity management line, which the Defendant’s fraternity members agreed to jointly raise and use funds, is in the Plaintiff’s name, and returned it. In addition, there was a debate that the Plaintiff shall be expelled from the Plaintiff, such as embezzlement, deletion of books, etc., and on this ground, the Plaintiff passed a resolution of expulsion against the Plaintiff (hereinafter “instant expulsion resolution”) with the consent of 19 out of 20 participants.

On the other hand, the part relating to this case among the defendant's articles of incorporation is as follows.

Chapter 2. Article 3 (Joining Council Members)

1. To examine whether a member of the general meeting is qualified, and to decide whether to join the meeting;

2. The subscriber shall not consent to the subscription in any of the following cases:

(1) A person who obstructs his/her business. (2) A person who substantially damages the reputation of a fishing village fraternity. (3)

1. Expulsion may be made by a resolution of a general meeting, if a fishing village member falls under any of the following cases:

(1) (Omission) (2) a person who damages the reputation or credit of a fishing village fraternity (4) a person who interferes with the business of a fishing village fraternity, (5) a person whose place of residence is unknown (which is the ground for recognition) is without dispute; (1) a statement of evidence Nos. 1, 2, and Nos. 1 through 3 (including each number; hereinafter the same shall apply); the Plaintiff’s ground for expulsion in the entire purport of pleading; and (2) the Plaintiff’s resolution of expulsion in the whole purport of pleading was not clear; and (3) a document forgery, embezzlement, fraud, and fraud alleged by the Defendant is not guilty of the Plaintiff; and (4) even if such reason is recognized, it is difficult to deem the expulsion of the Plaintiff as an inevitable last means.

The Defendant’s resolution of expulsion was made.