logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.10.18 2018가합76173
조합원 제명 처분 취소 청구의소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a regional housing association established by the residents of the Republic of Korea residing in the Republic of Korea in the Republic of Korea from July 2016 to December 2017. The Plaintiff is a member of the Defendant’s association, who was a vice president and auditor of the Defendant from July 2016 to December 2017.

B. The Plaintiff filed a civil petition with the Ministry of Land, Infrastructure and Transport, E Co., Ltd. to the effect that “D, a Defendant’s agent, is engaged in an acting agency in an unlawful manner without being entitled to a legitimate acting agent under the Housing Act.”

C. Accordingly, on May 13, 2018, the Defendant decided to dismiss the Plaintiff on the ground that the Plaintiff spreads false facts at an extraordinary general meeting held on May 13, 2018 and thus violated the purpose of the association.

(hereinafter “instant resolution”). D.

Relevant parts of the defendant's covenant of association are as follows:

Article 12 (Expulsion of Disqualification from Membership)

3. Where a member of the housing association causes damage to the housing association because he/she fails to perform his/her duties as a member, such as cases where he/she falls under any of the following cases, he/she may be expelled according to a resolution

In such cases, the relevant member shall be given an opportunity to vindicate before expulsion, and where he/she fails to comply with such opportunity even though he/she has been given an opportunity to vindicate, it shall be deemed that

(2) Where an act contrary to the purpose of a housing association causes enormous damages to the promotion of a project, the fact that there is no dispute [based on recognition], entries in Gap evidence 1, 11, Eul evidence 1, 3, 4, 6 (including paper numbers), and the purport of the whole pleadings.

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

The plaintiff pointed out the fact of the defendant's act of acting as an unqualified agent in order to prevent damage to its members, and did not give sufficient opportunity for explanation to the plaintiff without spreading false facts, and the resolution of this case was made in accordance with the illegal voting method.

arrow