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(영문) 창원지방법원통영지원 2016.05.04 2015가합737
제명결의무효확인
Text

1. The Defendant’s resolution of expulsion on March 28, 2015 against the Plaintiff is invalid.

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

Reasons

1. Facts of recognition;

A. The Defendant related to the parties is a fishing village fraternity comprised of persons engaged in fisheries at a member of Tong Young-si C in order to enhance the productivity of fisheries of the members of the fraternity and to implement joint projects to improve their living conditions and improve their economic, social and cultural status.

The plaintiff has worked as the defendant's leader for the last 20 years.

The plaintiff has buried the plaintiff's vessel and log raft at the landing of a privately-owned port located in the defendant's zone.

B. From around 192, the Plaintiff was working as a person responsible for the management of the deep-sea fishing ground in D from around 1992, and the Plaintiff buried D’s ships and log rafts on the spot where the Plaintiff buried.

In around 2004, when the plaintiff retires from D, D would pay 2 million won per year to the defendant under the name of the above job use fee and continued to use D.

In around 2013, the plaintiff requested the E, the representative of D, to move D's ships and log raft to another place because it is necessary to stuff his/her own ships and log raft in order to grow soften.

D has moved the vessel and log raft to another place on January 2015.

C. On March 28, 2015, at an ordinary meeting held at the Defendant’s hall on March 28, 2015, the Defendant’s resolution of expulsion against the Plaintiff, “a resolution to dismiss the Plaintiff from the Defendant’s fraternity pursuant to the intent to not pay the income accrued from the use of D points to the Plaintiff” (hereinafter “instant resolution”) and the Defendant notified the Plaintiff of the resolution on April 10, 2015.

A member of a union under Article 9 (Qualification for Members of the National Assembly) of the relevant provisions of the defendant's articles of association who resides in an area of this fraternity may join the National Assembly.

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

(2)

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