logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2018.09.20 2017가합30223
회원지위확인
Text

1. The Defendant’s resolution of expulsion against Plaintiff A at an extraordinary general meeting on May 2, 2017 and at an extraordinary general meeting on February 23, 2017.

Reasons

1. The facts under the following may be found either as a dispute between the parties or as a whole in the entry of evidence No. B (1).

The Defendant (hereinafter “Defendant fishing village fraternity”) is a fishing village fraternity established pursuant to Article 15 of the Fisheries Cooperatives Act for the purpose of enhancing the productivity of fishing village fraternity members and enhancing their economic, social, and cultural status by making members of the Dowon Yangyang-gun a common fishing village fraternity as a joint fishing village.

B. Plaintiff A became a member of each Defendant’s fishing village fraternity in January 201, 201, while Plaintiff B, one of his children, became a member of each Defendant’s fishing village fraternity in around 1999.

C. The articles of incorporation of the Defendant fishing village fraternity provides for “the grounds for expulsion of a member of the fraternity” in Article 8, and Article 12(1) provides for “the expulsion of a member of the fraternity must be subject to the resolution of the general meeting.”

2. Determination as to Plaintiff A’s claim

A. The facts of recognition are as follows: (a) Article 8 Subparag. 3 of the articles of incorporation of the Defendant fishing village fraternity provides that “When a person suffers a loss to a fishing village fraternity by entering a common fishing ground without the approval of the fraternity and collecting resources (such as divers, red, basin, fluor, fluor, and other resources).” (b) Defendant fishing village fraternity held an extraordinary general meeting on May 2, 2017, in the presence of 11 members, including Plaintiff A, from among the total members of the 12 members of the fishing village fraternity on May 2, 2017; and (c) Plaintiff A passed a resolution to dismiss Plaintiff A with the consent of eight members present at the fishing ground of Defendant fishing village fraternity on September 2015.”

hereinafter referred to as "resolution on May 2, 2017" is referred to as "resolution on expulsion."

【No. B evidence No. 1, No. 5-1, and No. 2, respectively, the purport of the whole pleadings, and the purport of the whole pleadings.

B. The parties’ assertion that: (i) the Plaintiff A did not have any ground for expulsion under Article 8 subparag. 3 of the Articles of Incorporation since it was not the fact that the Plaintiff A stolen the entire uniform from the fishing ground of the Defendant fishing village fraternity; and (ii) even if there were grounds for expulsion, the above resolution of expulsion was invalid because it abused discretion.

As to this, the defendant's fishing village fraternity A, the plaintiff.

arrow