beta
(영문) 광주지방법원해남지원 2019.11.27 2018가합3599

어촌계결의 무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Pursuant to Article 15 of the Fisheries Cooperatives Act, the Defendant is a fishing village fraternity that was organized by the members of the entire Do Do Do Gun as the fishing village fraternity, and obtained authorization for establishment from the head of the Do Gun around February 10, 201, and the Plaintiff is elected as the head of the Defendant’s fishing village fraternity around December 2013.

B. The defendant around February 10, 201 and the above A.

The Minister of Oceans and Fisheries has used the fishing village fraternity's articles of incorporation in the defendant's articles of incorporation since the establishment was authorized as stated in the paragraph, and the main contents of the case are as specified in the attached

(hereinafter “instant Articles of Incorporation”). 【No dispute exists, entry of evidence A Nos. 1 and 2, and fact-finding with respect to the head of the complete Gun of this Court, the purport of the entire pleadings as a result of the fact-finding.

2. According to the articles of incorporation of the Plaintiff’s assertion, the term of office of the head of the Defendant’s fishing village fraternity is four years. From January 1, 2014 to December 31, 2017, the term of office of the Plaintiff, elected as the head of the Defendant’s fishing village fraternity, was extended from January 1, 2014 to December 31, 2017. The Plaintiff’s term of office was extended from January 1, 2018 to December 31, 2021, following a resolution of the Plaintiff’s selection at the special general meeting of December 27, 2017 (hereinafter “resolution of December 27, 2017”).

However, currently D is claiming that the plaintiff is not the head of the defendant's fishing village fraternity but the head of the defendant's fishing village fraternity, and is working as the head of the defendant's fishing village fraternity. The plaintiff has a benefit to seek confirmation against the defendant from January 1, 2018 to December 31, 2021.

3. Confirmation of the defendant's members of fishing village fraternity;

A. The defendant's members of the fishing village fraternity are the premise for judging whether the defendant's members meet the requirements for opening the general meeting of the defendant and the defendant's members of the fishing village fraternity. Since the plaintiff and the defendant are dissatisfied with the fishery village fraternity members, first of all,

B. The Plaintiff, D, E, F, G, H, I, J, K, L, M, N, andO’s appointment as the Defendant’s fishing village fraternity does not conflict between the parties.

(c) furthermore;