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(영문) 창원지방법원마산지원 2020.02.19 2019가합100073
계원 지위 확인 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The defendant was a fishing village fraternity established pursuant to Article 15 of the Fisheries Cooperatives Act and the plaintiff was a member of the fishing village fraternity established pursuant to Article 15 of the Fisheries Cooperatives Act, consisting of residents residing in the Changwon-si, Changwon-si

(A1) On November 10, 2018, the Defendant rendered a decision to “Withdrawal” against the Plaintiff at an extraordinary general meeting of the Plaintiff.

section 3 (Areas B, B, C) The area of this Sub-section shall be the Cri-rith of Changwon-si, Changwon-si.

Article 9 (Qualification for Members of Mutual Aid Association) Any member of the Mutual Aid Association who resides in any of the zones in which such Mutual Aid Association is located may join the Mutual Aid Association.

Article 16 (Withdrawal) (1) Any instructor may withdraw from the National Pension System after notifying in writing his intention to withdraw from the System.

(2) An instructor shall automatically withdraw from his/her office in any of the following cases:

1. Where a person does not reside in the area of this fraternity: (3) The person shall verify whether all or part of the fraternitys fall under any of the subparagraphs of paragraph (2);

In such cases, whether it falls under paragraph (2) 1 shall be determined by resolution of the general meeting.

(4) Where a decision to automatically withdraw from the fraternity has been made on the grounds referred to in paragraph (2) 1, this guidance shall, without delay, notify the relevant fraternity of such fact.

Article 20 (General Meeting) (1) A general meeting shall be comprised of members, and shall be comprised of the general and extraordinary general meetings.

Article 25 (Notice of Convocation of General Meeting) Where a general meeting is to be convened, a notice of convocation of the general meeting stating the purpose of the meeting, etc. shall be sent to all members by seven days prior to the opening

Article 28 (Restrictions, etc. on Voting Rights) (1) A general meeting may make a resolution only on the matters notified in advance pursuant to Article 25.

Relevant parts of the Defendant’s articles of incorporation are as follows:

(1) Since the Plaintiff’s assertion by the parties to the instant special meeting is null and void, the Plaintiff still holds the position of a fraternity.

The special meeting of this case has procedural defects.

Article 25 of the Articles of Incorporation concerning the dispatch of a notice of convening a general meeting seven days before the general meeting, and the articles of incorporation concerning the agenda of a limited general meeting.

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