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(영문) 제주지방법원 2020.12.10 2020가합11052
대표자 지위 부존재 확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a fishing village fraternity organized for the purpose of enhancing fishery productivity, improving economic, social and cultural status of the members of the fishing village fraternity, and conducting joint projects to improve their living conditions in accordance with Article 15 of the Fisheries Cooperatives Act as the area of the Dopo-dong, Seopo-si. The plaintiff is a member of the defendant's fraternity.

B. C was elected as the Defendant’s leader around November 2014, and was reappointed on and around November 2018 and is currently in the Defendant’s position.

C. The main contents of the Defendant’s articles of incorporation are as follows:

Article 1 (Establishment and Trade Name) The fishing village fraternity (hereinafter referred to as the " fraternity") shall be comprised of members of the Fisheries Cooperatives Act Article 15 (Fishing Village) Article 15 of the Fisheries Cooperatives Act.

(2) Matters necessary for the management of fishing village fraternities shall be prescribed by Presidential Decree.

shall be established pursuant to subparagraph (B) and shall be referred to as "B fishing village fraternity".

Article 3 (Areas) The zones of this Sub-Section shall be D Do Council members of Seopo-si, Seopo-si.

Article 5 (Types of Business) (1) To achieve the objectives of guidance, all or part of the following business may be conducted:

3. The term “member district ECE cooperatives” means theF cooperatives affiliated with each district association;

(hereinafter referred to as "cooperative") who is a member of a cooperative under Article 9 (Qualification as Members of the Cooperative) who is entitled to exercise a fishery right acquired by the cooperative (hereinafter referred to as "cooperative") and resides in an area of this fraternity may join the

§ 16 (Withdrawal) (1) Any member may withdraw from the system after notifying in writing his intention to withdraw from the system.

(2) An instructor shall automatically withdraw from his/her office in any of the following cases:

1. Where he does not reside in the area of this fraternity;

2. Where he dies;

3. Bankruptcy;

4. Where he/she is declared incompetent;

5. Where he/she loses his/her status as a member of a cooperative after withdrawing from the cooperative (including expulsion from a cooperative).

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