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1. The resolution of expulsion of the members of Plaintiff B and C at the Extraordinary General Meeting of Representatives held by the Defendant on October 11, 2016, and the resolution of expulsion of the members of Plaintiff B and C.
Reasons
1. Basic facts
A. 1) The Defendant is a cooperative established with the aim of improving the economic, social, and cultural status of its members by providing the members who run a horticultural business with necessary skills, funds, materials, and information, and by promoting the expansion of markets for agricultural products produced by its members and the activation of distribution sources (Article 2 of the Defendant’s Articles of Incorporation).
B. On October 11, 2016, the Defendant’s resolution of expulsion of members against the Plaintiffs (hereinafter “instant expulsion resolution”) made by Plaintiff B, C, and E from its members on the ground that: (a) Plaintiff B, and E committed an act falling under Article 12 subparag. 3 of the Defendant’s Articles of Incorporation (hereinafter “instant grounds for expulsion”) (hereinafter “instant grounds for expulsion”) as follows.
An association’s external credibility trend - Illegal outflow of internal documents and the unlawful use of the list of members of the association (personal information) for false facts that are false in the course of confirming the illegality, leakage, and abstract transmission of the internal documents - the defendant sent the mail for any purpose other than the purpose of use by the association) on November 18, 2016, on the ground that the plaintiff A committed an act falling under Article 12 subparag. 3 of the Articles of association of the defendant for the same reason as that of the instant expulsion at the temporary meeting of the representative National Assembly on November 18, 2016 (hereinafter referred to as “resolution of expulsion on November 18, 2016”), and the resolution of expulsion of the plaintiff A on October 11, 2016 and the resolution of expulsion of the person on November 18, 2016, are referred to as “the resolution of the instant
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 4, and 7 (including serial numbers; hereinafter the same shall apply)
- The purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs ① There are procedural defects that do not clearly specify the grounds for expulsion in the instant resolution.
② There is no ground to dismiss the Plaintiffs as alleged by the Defendant.
(b) the defendant.