beta
(영문) 부산지방법원 2015.01.07 2014가합5794

총회결의 무효확인 등

Text

1. The resolution passed at the general meeting of Defendant AF Fisheries Cooperatives AG fishing village fraternity on May 25, 2008 is invalid.

2. The plaintiffs.

Reasons

1. Basic facts

A. Defendant AF Fisheries Cooperatives AG fishing village fraternity (hereinafter “Defendant fishing village fraternity”) is a non-corporate body established under the Fisheries Cooperatives Act for the purpose of improving the fishermen’s living capabilities and improving their living conditions, and Defendant AH is the representative of the Defendant fishing village fraternity, and the Plaintiffs were the members of the Defendant fishing village fraternity at the general meeting of May 25, 2008, at the time of the general meeting as described in the Disposition 1, 2008.

B. From 1985 to 1985, the Korea Land Corporation, while carrying out an industrial base development project to reclaim the AL coast in Busan Gangseo-gu to create a AL industrial complex, buried public waters including the Defendant fishing village fraternity’s joint fishing ground. Accordingly, the Defendant fishing village fraternity’s members and other fishermen who lose the above joint fishing ground were 208 (the Defendant fishing village fraternity’s members and 126 among them).

(2) The land of this case is part of the land to be created by the Korea Land Corporation as a reclamation of public waters as a result of compensation and livelihood measures for the public waters of Gangseo-gu Busan Metropolitan Government (hereinafter “instant land”).

(2) The Defendant fishing village fraternity entered into a contract with AK on March 12, 2003 on the condition that the priority of this case shall be sold to AK at KRW 1 billion,00,000,000, on September 13, 1999, by creating KRW 201,740 per square meter. (2) The Defendant fishing village fraternity entered into a contract with AK on September 13, 209 to sell the land of this case upon receiving a premium from the mother and child, and the priority for purchasing the land of this case (hereinafter “the priority of this case”). At the time, Plaintiff F (the head from April 20, 200 to December 6, 2003) who was the head of the Defendant fishing village fraternity at the time, who was the head of the Defendant fishing village fraternity at the time, would sell it to AK at KRW 1 billion.

3. Defendant 15. AK established in the name of Plaintiff F.