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(영문) 부산지방법원동부지원 2015.07.16 2013가합3964
어촌계원총회결의무효 등
Text

1. The plaintiff's claim is 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 by the members of the Busan City Fisheries Cooperatives (hereinafter “the instant cooperative”) among the members of the Busan Metropolitan City Fisheries Cooperatives (hereinafter “the instant cooperative”), who engage in activities in the Busan Metropolitan Transportation Daegu District (hereinafter “the instant zone”) under the Fisheries Cooperatives Act.

B. On October 22, 199, the Plaintiff was indicted for committing murder, and the life imprisonment was finalized on or around October 22, 199, and is currently serving a sentence in the Busan Gangseo-gu Busan Metropolitan City Busan Metropolitan City 62-ro, 29-gil 62 (Large 1-dong).

C. The Plaintiff’s father C died on June 1, 2001, among those who were engaged in fishery business as the Defendant’s members, and the Plaintiff became a sole heir of C on December 8, 2003 as the Busan Family Court Decision 2003Rahap5 became final on December 8, 2003.

In around 2013, the Plaintiff applied to the Defendant for “Defendant’s membership by inheritance”.

On June 28, 2013, the Defendant held the 6th extraordinary general meeting and presented the “case on whether the Plaintiff joined the Plaintiff’s Defendant’s Defendant’s senior member.” As a result of voting, the above agenda was rejected by 34 and 3 concurrent votes from among 44 members, and the Defendant rejected the Plaintiff’s senior member’s joining on the ground of this.

Article 3 (Area B) of the Articles of Incorporation of the Defendant shall be the territory of this section, Busan Metropolitan City.

9.(Qualification as a member of an association) Any member of an association who resides in an area of this fraternity may join the association.

Article 11 (Joining a fishing village fraternity) (1) A person who intends to join a fraternity shall submit an application for joining the attached Table to the head of the fishing village fraternity (hereinafter referred to as the "head of the fraternity"), along with any of the documents evidencing that he/she is a cooperative member, a certificate of cooperative member, and other documents issued by the

(2) Upon receipt of an application for joining under paragraph (1), the head of a fraternity shall refer the application to a general meeting to examine whether the applicant is qualified as an instructor and determine whether to approve the application.

(3) This guidance shall be admitted to a person who is qualified as an instructor without justifiable grounds.

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