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(영문) 광주지방법원 2019.01.17 2018가합635

조합원 자격상실결의 무효 확인 등

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1. Of the instant lawsuit, the part of the Defendant’s claim for confirmation of invalidity of the resolution of the general meeting of appointment of the president on February 10, 2018 shall be dismissed.

2...

Reasons

1. Basic facts

A. (1) The name of the Defendant’s association was at the time of establishment, but was changed to “J union” on June 10, 1996, and was changed to “B union” on March 23, 2004. On September 10, 1979, the Defendant’s name was a non-profit special corporation established pursuant to the Credit Unions Act with the aim of contributing to the improvement of the welfare of its members and the balanced development of the local economy by providing convenience in financing and life for its members.

At the time of establishment of the defendant, Article 2 of the Credit Unions Act (Definitions)

3. The term “joint bond” means a unit that determines the qualification for the establishment of a cooperative and the membership of a cooperative. B determined as “a person who participates in a church activity, such as attending a worship as a member of the Diplomatic Association.” On January 27, 1996, the change was made to “Gwannam-gu Residents of Mineju” on August 16, 2010, and the change was made to “Manam-gu, Seo-gu, Seo-gu, edong, Fdong, Gdong, and Hdong residents” on August 16, 2010.

(2) On January 28, 1981, the Plaintiff joined as the Defendant’s partner.

B. (1) On January 22, 2018, the Defendant held a provisional directors meeting on a temporary basis and resolved to lose the qualification of the Plaintiff on the ground that “the Plaintiff is not currently a DIS meeting, but is residing outside the regional common bond, and does not belong to the Defendant’s common bond.”

(2) On February 10, 2018, the Defendant held a general meeting for the appointment of chief director and passed a resolution to appoint C as chief director on February 10, 2018.

(hereinafter “instant resolution 2”) C.

The related provisions of the Credit Union Act and the defendant's articles of association are as follows:

The former Credit Unions Act (amended by Act No. 2338 of August 17, 1972) (hereinafter referred to as the "former Credit Unions Act") is referred to as the "former Credit Unions Act."

Article 9 (Members) (1) Members shall be individuals or organizations having mutual ties, such as residential areas, organizations, occupations, religions, etc., and have paid the first contribution and subscription money, as prescribed by the articles of association.

The Credit Unions Act was wholly amended by Act No. 5506 on January 13, 1998.