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(영문) 수원지방법원 안양지원 2018.07.06 2017가합1078
방해금지
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs were full-time members of the Korean Senior Citizens Association D Branch and its affiliated E apartment apartment center (hereinafter “instant senior citizens center”), and the Defendant was the chairperson of the instant senior citizens center by January 4, 2018.

F The term of office from January 5, 2018 to January 4, 2022 is from January 5, 2018, which was newly registered as the chairperson of the center for older persons.

B. On November 7, 2016, the Defendant, as the president of the instant senior citizen center, held a monthly and extraordinary general meeting. At the above general meeting, the Defendant passed a resolution to remove the Plaintiffs from the regular members of the instant senior citizen center (hereinafter “instant resolution”) with the consent of 28 regular members, and the Defendant publicly announced the instant resolution to dismiss the Plaintiffs on December 12, 2016.

C. On December 23, 2016, the Defendant sent to the Plaintiffs a document stating that “The Plaintiffs were expelled, thereby prohibiting the attendance at the monthly meeting of the instant senior citizen center.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, Gap evidence 8-1, Eul evidence 8-2, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiffs’ assertion is merely a facility used by regular members of the Korean Senior Citizens Association, and does not constitute a non-corporate group. According to the regulations on the operation of the Korean Senior Citizens Association, the resolution for expulsion of regular members of the senior citizens’ association is subject to the deliberation and resolution of the committee for deliberation on punishment for the branch of the Korean Senior Citizens Association. Therefore, the general meeting of the senior citizens’ association of this case cannot adopt a resolution for expulsion of the Plaintiffs.

Therefore, the resolution of expulsion of this case made without due process is null and void, and the defendant interferes with the entry and use of the plaintiffs' senior citizen center in this case according to the resolution of expulsion of this case, so such interference shall not be deemed to be unlawful and unfair by the defendant.

3. The defendant's judgment on the main defense of this case shall be himself.

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