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(영문) 서울남부지방법원 2017.12.15 2017가합104508
결의무효확인 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1 The defendant (hereinafter "Defendant Mutual-Aid Association")

) Korea Civil Aviation Corporation (hereinafter referred to as “Korea Civil Aviation”)

(2) The Plaintiff is a non-corporate body established for the purpose of stabilizing the lives of its members, including pilots, and promoting their welfare. 2) The Plaintiff joined Korea Civil Aviation from July 1998 to Korea Civil Aviation Association as a pilot and retired from Korea Civil Aviation around October 2012.

B. On November 23, 2012, 2012, the Plaintiff’s application for special membership and non-approval of the Defendant Mutual-Aid Association (hereinafter “Defendant Mutual-Aid Association”) sent to the Plaintiff electronic mail to guide the Plaintiff to join special members of the Defendant Mutual-Aid Association. The electronic mail sent to the effect that “written guidance on the membership of the Defendant Mutual-Aid Association,” “application for special membership,” “special membership,” and “special membership agreement, were attached. 2) The Defendant Mutual-Aid Association did not contact with the Plaintiff on February 19, 2013 when it did not contact with the application for special membership, the application for membership and membership fees should be paid to the Plaintiff on February 19, 2013, and related procedures do not proceed. If the Plaintiff does not want to join, the Defendant Mutual-Aid Association would return KRW 1 million to the Plaintiff’s special member.”

3) Around October 2016, the Plaintiff did not take any measure with respect to the entry of a special member, and asked the Defendant Mutual Aid Association about whether to join a special member upon the communication that the Plaintiff would return KRW 1 million (the money paid for the Plaintiff’s joining the Mutual Aid Association at the time when the Plaintiff was in office. 4) Defendant Mutual Aid Association held a steering committee on January 20, 2017 and notified the Plaintiff of the resolution on the same day on the electronic mail, and on January 26, 2017, the Plaintiff did not automatically join the Committee when the Plaintiff’s non-approval of the Plaintiff’s non-approval of the special member ends.

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