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(영문) 창원지방법원마산지원 2020.09.09 2019가합101540
총회결의무효확인
Text

1. The Defendant confirms that the resolution stated in the separate sheet prepared by the special general meeting on February 14, 2019 is null and void.

2...

Reasons

1. Facts of recognition;

A. The defendant related to the parties is an association which is not a legal entity as a alumni association composed of those who graduated from Chigh School in 1964, and the plaintiff was a previous member of the defendant, but there is dispute with the defendant as to whether he is a defendant's member.

B. Article 4 (Qualification) of the Rules prior to May 12, 2016 (Evidence A No. 1): The qualification of the members of the once is as follows.

(1) Article 5 (Rights and Obligations) (2) A person who wishes to be present as a person who has completed at least two (2) years’ course: a member of the Assembly shall have the right to vote, the right to be elected, and the right to vote and shall be entitled to participate in the payment of membership fees and meetings.

Article 9 (Meetings): Meetings of the plenary session shall be divided into an ordinary general meeting, an extraordinary general meeting, a board of directors, and a monthly meeting.

(1)The ordinary meeting shall be held in January of each year and shall decide on amendments to the Regulations, the election of officers, and other agenda.

(2) At the request of at least seven members, the president must convene the special meeting without delay.

(3) If necessary, the Chairperson may convene an extraordinary meeting.

(4) The monthly meeting shall be held at the 8th day of each month and may be changed if there are unavoidable circumstances, and shall be a resolution of material facts, work report and financial report during each month.

(5) Other necessary expenses shall be disbursed by a resolution of the board of directors.

Article 10 (Formation and Resolution): Members of all meetings shall be members present, and a resolution shall be made with the consent of a majority or more, and the Chairperson shall determine when the numbers of votes of approval and disapproval are the same.

Article 12 (Finance): The financial revenue of the plenary session shall be annual fees, monthly membership fees, donations, and other incomes.

(1) The annual fee shall be 30,000 won per year.

(2) A monthly membership fee shall be KRW 20,000 per month.

§ 15 (Terms and Conditions of Beneficiaries) The terms and conditions of the beneficiary under Article 14 shall be limited to the persons present at least four times a month as the payer of five consecutive annual fees (annual) on the basis of the previous year.

(2) A member who pays the annual fee on a five-time basis must pay 1.50,000 won additionally with the supporting fund.

(3) The annual fee shall be paid for five years.

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