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(영문) 광주지방법원순천지원 2015.11.05 2015가합312
계원지위확인
Text

1. The plaintiff confirms that he is the defendant's assistant member.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant Fisheries Association is a fishing village fraternity that was established in the implementation area B, C, E branch line “B” in accordance with Article 15 of the Fisheries Cooperatives Act in order to promote income to improve the productivity of the sources of fisheries.

The Plaintiff, as a member of the fishing village fraternity, was in charge of the general affairs of the Defendant fishing village fraternity from around 2009 to July 30, 2012.

B. On June 24, 2013, the Defendant notified the Plaintiff that it was expelled by the articles of incorporation of the Defendant Fisheries Association.

(hereinafter referred to as “first expulsion”). (c)

When the Plaintiff filed the instant lawsuit against the Defendant’s expulsion, the Defendant, on March 11, 2015, held an extraordinary general meeting and amended the Articles of Incorporation of the Defendant. On April 1, 2015, the Plaintiff again held an extraordinary general meeting and adopted a resolution of expulsion against the Plaintiff.

The second expulsion is called ‘the second expulsion'.

(ii) [Grounds for recognition] unsatisfy, Gap evidence 1, 3, 4, and 5, Eul evidence 3, 4, 5, and 6 (including paper numbers; hereinafter the same shall apply);

each entry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff's assertion that the defendant did not comply with the procedures for expulsion under the articles of incorporation while ordering the plaintiff, and there are no grounds for expulsion against the plaintiff. Thus, the defendant's 1 and 2 expulsion is deemed to be null and void in its content and procedural defect.

B. On March 2, 2011, the Plaintiff asserted that the director of the Hadong-gun was not living in the Defendant fishery business area, and was not engaged in the fishery business for more than 60 days from January 2, 2013 to the date of profit-making. As such, the Defendant’s articles of incorporation constitutes a reason for the Defendant’s limited withdrawal from the Defendant’s fishery business, and the Defendant expressed his intention of withdrawal in relation to the application for compensation.

In addition, the reason for expulsion is that the plaintiff filed a multiple civil petition by reporting the defendant's fraternity to the police that it is illegal fishing activities, and that the plaintiff did not participate in the profit-making activities of the defendant's fishery industry since 2013 and did not participate in the village work.

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