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(영문) 창원지방법원마산지원 2020.12.23 2019가합100042
계원제명의결 무효 확인 청구
Text

On November 10, 2018, March 16, 2019, and February 1, 2020, the resolution for expulsion against the Plaintiff is null and void.

Reasons

1. Basic facts

A. The defendant is a fishing village fraternity which is a non-corporate body established pursuant to Article 15 of the Fisheries Cooperatives Act with residents living in the Chang-si, Changwon-si, Busan Metropolitan City, consisting of residents of the non-corporate body established pursuant to Article 15 of the Fisheries Cooperatives Act for the purpose of enhancing fishery productivity of fishing village fraternity members (hereinafter referred to as "members of fishing village fraternity") and improving their economic, social and cultural status. The plaintiff is the defendant's fraternity

B. The first expulsion resolution against the Plaintiff is 1) The Defendant’s extraordinary general meeting held on September 26, 2018 with the Plaintiff around November 10, 2018 (hereinafter “first general meeting”).

(2) On November 10, 2018, the first general meeting held on the first general meeting held on November 10, 2018, the Defendant sent a notice of attendance requesting attendance (Evidence A No. 3) and the reason for the attendance is indicated as follows: [The reason for attendance] to B fishing village fraternity (Defendant) to which she belongs (Plaintiff) pursuant to Article 17(1)3 of the Articles of Incorporation; and provided an opportunity to make a statement at a general meeting; 2) The Defendant presented the “case of expulsion of the Plaintiff and D as an agenda item”; 76 of the total 79 members attended at 75 members among the total 79 members, and exercised voting rights; as a result, the resolution to expulsion the Plaintiff from the Defendant fishing village fraternity (hereinafter “the first resolution”).

C. On January 10, 2019, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of the invalidity of the first expulsion resolution against the Plaintiff (the second expulsion resolution against the Plaintiff). On the other hand, the Plaintiff filed a provisional disposition seeking the suspension of validity of the first expulsion resolution and received a decision of acceptance on February 15, 2019 (this Court Decision 2019Kahap2003) (hereinafter referred to as “the second expulsion”), and the Defendant again presented the Plaintiff to the members of the Defendant’s general meeting (hereinafter “the second general meeting”), which is held on March 16, 2019, at the Defendant’s general meeting (hereinafter “the second general meeting”).

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