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(영문) 인천지방법원 2014.06.10 2013가합16561

제명처분무효확인

Text

1. On March 15, 2012, the Defendant confirms that the resolution dismissing the Plaintiff at an extraordinary general meeting is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The status of the parties is that the defendant is a fishing village fraternity comprised of fishermen residing in the Incheon Reinforcement-gun B for the purpose of mutual aid and joint business among the members of the fishing village fraternity, and the plaintiff was a member of the defendant's fraternity.

B. 1) Defendant D, the chief of the fishing village fraternity (hereinafter “the chief of the fishing village fraternity”), is the business of constructing and relocating a direct store for fishery products in the CF market

(3) The Plaintiff’s direct sales store (hereinafter “instant direct sales store”) on the F site, which is a local fishery harbor of 3,978 square meters of land in Incheon-gun E, Incheon-gun, which was created by reclaiming public waters in around 2008 by reclaiming public waters.

2) The Defendant 1 newly built and transferred the store of Defendant 1 fishing village fraternity members to the direct sales outlet of this case (hereinafter “instant business”).

(2) During the process of promoting the instant project, Defendant 1’s members submitted a letter of delegation to the head of the fishing village fraternity to promote the project in the direction of the head of the fishing village fraternity. The Plaintiff did not submit a letter of delegation to the head of the fishing village fraternity, who was dissatisfied with the aforementioned method of project implementation.

3 In relation to the new construction of a direct sales outlet in this case, Defendant fishing village fraternity shall obtain a construction permit on June 27, 2008 and the same year.

8. A report on the commencement of construction on February 27, 2009 was made by the Reinforcement Military Office to obtain approval for the use of the instant direct sales outlet.

4) On March 12, 2009, Defendant fishing village fraternity held an extraordinary general meeting and made a resolution to the effect that “the Plaintiff shall pay KRW 88,571,428, which is the amount of the direct sales store in this case, and if the Plaintiff fails to pay the amount of the sales store by the above deadline, it shall be deemed to have given up the sales store.” On March 20, 2009, Defendant fishing village fraternity notified the Plaintiff thereof. In other words, Defendant fishing village fraternity held an extraordinary general meeting on March 23, 200, and notified the Plaintiff of the resolution to the effect that “the Plaintiff is not entitled to move into the direct sales store in this case as he did not pay the amount of the sales store by the above deadline.” (c) Defendant fishing village fraternity around March 22, 2012.”