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(영문) 대전지방법원 홍성지원 2017.04.20 2016가합841
어촌계장 당선무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a fishing village fraternity comprised of members of the Seocheon-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-do, Ei, Fri, Gri, H Ri, Iri, Jri and Chungcheongnam-gun, and Lriwon.

B. The Plaintiff is a member of the Defendant’s fraternity, and C is the representative director of the Defendant’s fraternity M&A (hereinafter “instant fisheries partnership”).

C. On May 16, 2016, the Defendant held an election for the election of the chief of fishing village fraternity (hereinafter “instant election”), and C alone was elected by free vote.

The relevant parts of the Defendant’s Articles of Incorporation and Annex to Articles of Incorporation’s Election Regulations (hereinafter “instant election regulations”) are as follows.

[Articles of Incorporation and Article 27 (Opening of General Meeting and Quorum) Except as otherwise provided in the statutes or the Articles of Incorporation, a majority of the members shall attend a meeting, and make a decision with the consent of a majority of the

Provided, That the matters referred to in Article 26 (1) 1 through 3 (the amendment of the articles of incorporation, the expulsion of the members, and the dissolution of the fraternity) shall be decided with the attendance of a majority of the members and with the concurrent vote of at least 2/3

Article 33 (Special Cases concerning Resolutions of General Meeting) (1) Any of the following matters may be decided by a resolution of the General Meeting of Members in lieu of a resolution of the General Meeting, notwithstanding Article 26 (1):

1. Dissolution of a fraternity;

2. Article 34 (Board of Representatives) (1) An amendment to the articles of association concerning an amendment to the method of operating institutions to a general meeting shall have a board of representatives in lieu of the general meeting with respect to matters other than those prescribed in Article 33 (1);

(2) The board of representatives shall be comprised of the chairperson and representatives, and the chairperson and the chairperson shall preside over the meeting.

(3) The provisions concerning the general meeting shall apply mutatis mutandis (in such cases, "general meeting" shall be construed as "board of representatives" and "members" as "representatives", but the representative shall not exercise his/her voting rights by proxy.

Article 37 (Fixed Number of Executive Officers) Any of the following executive officers shall be appointed in this Sub-Section:

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