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(영문) 부산고등법원 2020.05.27 2019나57544

변경등기절차이행

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Article 9 (Membership) of the basic facts;

1. The regular members of the merchants' meeting shall, in principle, be one member for one shop, who directly runs the business in the C market and is fully liable to pay the merchant membership fee (excluding those who have not been paid the merchant membership fee for at least three months);

Article 15 (Expulsion) Members shall be expelled through a resolution of the board of directors on persons falling under any of the following subparagraphs:

In such cases, the board of directors shall notify the relevant member of the reason for expulsion and give him/her an opportunity to speak before the board of directors.

1. A person who fails to pay a merchant fee for at least three months;

2. A person who refuses to bear joint project costs;

3. A person who interferes with the business or activities of the merchants' association;

4. A person who refuses a disposition by a supervisory agency under Acts and subordinate statutes or Acts and subordinate statutes, or violates the articles of association or regulations;

5. A person who has intentionally or by gross negligence lost credit and reputation of the merchants' association or has caused a loss to property of the merchants' association;

6. A person who obstructs friendship among members, disturbs the order of commercial transactions, or disturbs the order of commercial transactions and causes water in violation of the order in the market, and the merchants' association, as provided for in Article 18, shall impose and collect merchant membership fees on and from members in accordance with the number of stores in order to appropriate all expenses necessary for the operation of the meeting;

3. In the event that the membership fees of the merchants' association are unpaid for not less than three months, the membership fees may be collected by legal enforcement, and no person who has a payment of membership fees shall raise an objection to this.

Article 23 (Time of Holding)

1. An ordinary general meeting shall be convened once every business year and convened by the chairperson within two months after the end of each fiscal year;

2. An extraordinary general meeting shall be convened by the Speaker in the following cases:

When the Speaker or the board of directors requests to convene a meeting.

(b) When at least 1/5 of its members affix their signatures and seals to the Council and submit them to the Council for convocation;

(c) Where an auditor requests resolution of urgent matters with the consent of the board of directors.

3.The chairperson shall convene a general meeting pursuant to paragraph 2 (2) 2 and 3.