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(영문) 대전지방법원천안지원 2019.11.15 2019가합101116
조합원총회결의 무효확인 청구의 소
Text

1. The Defendant’s resolution is limited to the resolution set forth in attached Form 1, which was made at the General Meeting of Partners on July 16, 2018, and at the General Meeting of Partners on October 12, 2018.

Reasons

1. Basic facts

A. The Defendant is an incorporated farming association established for the purpose of horticultural, special purpose crops growing, processing, or manufacturing and selling business pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises. The Defendant was appointed respectively as a director or a representative director at the rate of 1 G 9,000 shares of the association members and 22,500 shares of 22,50 shares of 22,50 shares of the association members and 25% of 22,500 shares of 3 E 22,500 shares and 25% of 4,22,500 shares of 22,50 shares and 25% of 5,500 shares of 13,50 shares and 15% of the total shares of 90,00 shares of the association members on August 10, 2017.

The composition of the defendant's union members at the time of August 10, 2017 is as follows.

3) Meanwhile, around April 19, 2018, G transferred 9,00 shares to H, and around April 23, 2018, G resigned from the position of director and representative director, and on the same day, H was appointed at the general meeting of H as the Defendant’s director and representative director. (b) As of April 17, 2018, E transferred 22,50 shares to D.

2) Article 25 of the Defendant’s Articles of Incorporation provides that members may not transfer or acquire shares without the approval of a general meeting. However, the general meeting of partners does not have approved the transfer under the above paragraph (1).

C. (1) On July 16, 2018, the Defendant passed a resolution of a general meeting of partners on July 16, 2018, at the place where H and D were present on July 16, 2018, and D approved the transfer of 12,50 shares out of its equity to I. (2) On October 12, 2018, the first articles of incorporation of the general meeting of partners on October 12, 2018 (Rights) (3) of the articles of incorporation as of October 12, 2018 (i.e., the articles of incorporation as of October 12, 2018).

Article 11 (Rights) (3) Members shall have voting rights and suffrages in proportion to their equity shares.

Article 26 (Treatment of Outside Donations) With respect to the goods and cash donated from outside, all partners shall be equally divided and added to the equity shares of all partners.

Article 41 (Functions of Board of Directors) The Council shall be respectively.

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