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(영문) 대전지방법원 2017.08.31 2016구합103735
정관변경 인가신청 반려처분취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a fishing village fraternity established pursuant to Article 15 of the Fisheries Cooperatives Act. According to the Plaintiff’s articles of incorporation before March 11, 2011, according to the Plaintiff’s business territory “Sari-gun, Chungcheongnam-do, Cri-ri, Dri, Eri-ri, Fri, Gri, H, Iri-ri, Iri-ri, Jri, Kri-ri, and Lri-ri’s business territory (Article 3 of the Articles of incorporation), and the location of the Plaintiff’s office was Man-ri, Chungcheongnam-gun.

(Articles of Incorporation). (b)

On March 11, 2011, the Defendant approved the Plaintiff’s amendment of the articles of incorporation (hereinafter “the amendment of the first articles of incorporation of this case”) to the effect that the Plaintiff changed the Plaintiff’s business area to “Bri-gun, Cri-gun, Dri, Ri, Eri, Fri, Gri, Hei-ri, Ji-ri, Kri-ri, Lri-ri, or Lri-ri (hereinafter “the amendment of the articles of incorporation of this case”) from “Bri-gun, Dri, Ei-ri, Ei-ri, Fri, Fri-ri, Gri, Gi-ri, H, Gi-ri, H, Ha-ri, or Lri-ri, Ha (hereinafter “the amendment of the articles of incorporation of the Nri-ri”)’s business area to the “Fri-gun, Mari-gun, Mari-ri,

C. On July 9, 2015, the Defendant approved the Plaintiff’s amendment of the articles of incorporation (hereinafter “instant amendment of the articles of incorporation”) with the content that the Plaintiff changed the Plaintiff’s business area to “I, K, Lri-gun, Mari-gun, D, E, E, F, G, H, I, J, K, Lri-ri, or Lri-riwon” (hereinafter “instant amendment of the articles of incorporation”). On the same day, the Defendant approved the Plaintiff’s amendment of the articles of incorporation (hereinafter “instant amendment of the articles of incorporation”) to “I, K, and Lri-ri-gun, Mari-gun, Mari-gun, Mari, E, E, F, G, H, and Jri-ri-ri” (excluding the part excluded from the Plaintiff’s business area). D.

On December 2, 2015, the Plaintiff filed an application with the Defendant for amendment of the articles of incorporation to change the Plaintiff’s office to a place other than the Plaintiff’s business area.

Accordingly, on February 12, 2016, the Defendant: “The change of the Plaintiff’s business territory and office can be limited to only KRW I, K, and Lri, a business territory under the jurisdiction of the Plaintiff; thus, the Defendant’s application for authorization to amend the articles of incorporation to include N fishing Village and O fishing Village in the business territory under the jurisdiction of the Plaintiff is not possible.”

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