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(영문) 인천지방법원 2014.07.02 2013가합8836

제명결의무효확인

Text

1. On April 19, 2013, the Defendant’s operation of the store No. 2 within the Incheon Strengthening-gun D’s ground C&C market against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate body established as a member, who resided in Incheon Strengthening Group E, was a member of the Defendant, and the Defendant was a member of the Plaintiff, who operated a fishing vessel for at least three years among the members of the Plaintiff.

B. On May 2008, Incheon Metropolitan City issued a fishery harbor development project with regard to a new fishery products store with 1,487mm2 (hereinafter “instant market”) sales facilities of 1,487m2 on the ground D’s general steel structure reinforced concrete roof, which was implemented by B’s organization.

B Around January 209, the organization newly constructed the instant market building and reverted it to Incheon Metropolitan City according to the Fishing Villages and Fishery Harbors, and subsequently reported free use of and profit from the instant market. On April 1, 2009, Incheon Metropolitan City determined the period of free use of the instant market from January 20, 2009 to January 19, 2025 and accepted the said report.

C. Among 17 members affiliated with the defendant, 11 of the plaintiff proposed the expulsion of the plaintiff on the ground that the plaintiff sold the store No. 2 (hereinafter "the store of this case") in the market of this case to a third party. On April 19, 2013, the defendant held an extraordinary general meeting and granted the plaintiff an opportunity to vindicate, and made a resolution prohibiting the operation of the store of this case (hereinafter "the resolution of this case") by expulsion from the defendant's member on the ground that the plaintiff violated the provisions of the Incheon City Ordinance, the violation of Article 11, and Article 15 (8) of the Articles of Incorporation of the defendant, among 17 members present, 13 of the members present at the meeting.

Article 3(1) of the Regulations relating to the Articles of Incorporation (amended on April 1, 2009) of the Defendant’s Articles of Incorporation (amended on April 1, 2009) provides that the Defendant shall promote improvement of facilities, modernization of management and joint projects for market development for the benefit of markets and members, improvement of merchants’ quality, and friendship among merchants’ members.

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