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(영문) 대구지방법원김천지원 2015.11.13 2015가합15392
이사회결의무효확인청구의 소
Text

1. The Defendant’s expulsion against Plaintiff A on May 4, 2015 against Plaintiff B, C, D, and E as a result of the Plaintiff’s expulsion from membership on May 4, 2015.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established for the purpose of newly constructing a partnership house in the Gu-U.S. Seoul Special Metropolitan City F City City Urban Development Zone, and the Plaintiffs are the Defendant’s members.

B. On May 4, 2015, the Defendant held a board of directors and made a resolution on the expulsion of the Plaintiff A on the ground that it constitutes “where Plaintiff A fails to pay charges, etc. on more than two occasions by the designated date, and where Plaintiff A commits an act contrary to the purpose of the association, thereby causing substantial damage to the promotion of the project,” as stipulated in Article 12(4) of the Rules of the Defendant Union, and on the same day, Plaintiff A was notified.

C. On May 8, 2015, the Defendant held a board of directors to make a resolution on the expulsion of Plaintiffs B, C, D, and E for the same reason, and notified the Plaintiffs on May 11, 2015.

(hereinafter referred to as “each of the instant expulsions”) d. of each of the instant expulsions, referred to as “each of the instant expulsions” in the name of the expulsions resolution dated May 4, 2015 and the expulsion resolution dated May 8, 2015.

(4) Where a member fails to perform his/her duty as a member and causes damage to the cooperative, the member may be expelled according to a resolution of the board of directors or the general meeting, if he/she falls under any of the following cases:

In such cases, the relevant member shall be given an opportunity to vindicate before expulsion, but where he/she fails to comply with such opportunity even though he/she has been given an opportunity to vindicate, it shall be deemed that

1. Where the payment of charges, etc. has not been made on at least two consecutive occasions by the designated date;

2. The relevant provisions in the rules of the defendant's association in cases where any act contrary to the objectives of the association has caused enormous damages to the promotion of the project are as follows:

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 5 (including each number, if any) and the purport of whole pleading

2. The assertion and judgment

A. Article 12(4) of the Rules of the 1st century provides that the Plaintiffs’ assertion shall be made.

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