(영문) 대전지방법원서산지원 2020.01.23 2019가합271

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(영문) 대전지방법원서산지원 2020.01.23 2019가합271

대표자해임 및 회원제명결의무효확인

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1. On April 26, 2019, the Defendant’s resolution on the dismissal and expulsion of C at the monthly conference on April 26, 2019 confirms that it is null and void.

2...

Reasons

1. Basic facts

A. The Defendant is an organization that is determined by the business operators residing in Seosan City and engaged in a business with the aim of promoting mutual friendship. As of April 26, 2019, the total number of members as of April 26, 2019 are 26, and the Plaintiff (the appointed party; hereinafter “Plaintiff”) and the designated parties are members of the Defendant.

B. The contents of the Defendant’s articles of incorporation (No. 1, before amendment, June 3, 2019) relating to the instant case are as follows.

Article 2 (Purpose) The purpose of this Council is to promote friendship between members, exchange information on life, improve the relationship with the mutual relationship, promote the improvement of mutual relationship and the whole of commercial buildings.

Article 4 (Rules) The qualifications of members of this meeting shall be persons who are residing in W and are engaged in commercial buildings or private business and who are in the capacity of members of this meeting.

5(Rights and Obligations) Members shall have the right to speak, vote, suffrage, impeachment, etc. on this occasion, and at the same time shall be obliged to pay membership fees necessary for the operation of this meeting by actively participating in the progress of democratic meetings consistent with this meeting.

Article 7 (Members and Method of Election) The recommendation of members who intend to join this membership shall be obtained.

The list of candidates shall be determined at the monthly meeting of each month after the first examination of membership in the executive team via the general affairs in writing, if there is no problem.

Article 8 (Expulsion) The members of this meeting shall be expelled from the members if they fall under any of the following:

1. A person who disturbs social order and fails to observe the rules of this meeting;

2. A person who defames the principal meeting;

3. A person who fails to pay membership fees at least three times on at least three consecutive occasions at meetings without good cause;

4. A person who is judged to be subject to removal from office.

5. To induce, at any time, the loss of the essential nature of this meeting and to prevent the proper operation of this meeting by its own judgement.

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