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(영문) 광주지방법원순천지원 2020.11.12 2019가합11495
조합원제명결의 무효확인청구
Text

1. The Defendant’s board of directors as of July 14, 2020 and the board of directors as of December 13, 2018 will dismiss each of the Plaintiffs from its members.

Reasons

1. Facts of recognition;

A. On August 31, 2016, the Defendant is a regional housing association that obtained authorization for establishment from the female market, and the Plaintiffs are the Defendant’s members.

On June 30, 2016, at the inaugural general meeting of the defendant on June 30, 2016, the plaintiff A was selected as the president of the cooperative, the plaintiff B, and C as the auditor, respectively.

B. On October 19, 2018, the Gwangju District Court rendered a decision to grant a convocation of a general meeting of temporary partners and to appoint F as the president of a general meeting of temporary partners upon the application of F, etc. who is a defendant member.

C. On November 5, 2018, F held a temporary partner general meeting, and at the above general meeting F elected F as the head of the Defendant’s partnership and resolved to dismiss the Plaintiffs from the Defendant’s executive officers.

On December 13, 2018, the Defendant’s board of directors was held, without giving the Plaintiffs an opportunity to vindicate, and a resolution was passed to dismiss the Plaintiffs from the Defendant’s members. On January 30, 2019, at the general meeting of the Defendant’s members, a resolution was passed to ratification the resolution to dismiss the Plaintiffs at the meeting of the Defendant’s members.

E. On June 5, 2020, the Defendant’s board of directors held on June 5, 2020 held a resolution suspending the performance of duties by the president of the FF association and selecting directors G as an acting president.

F. On July 14, 2020, the board of directors of the defendant, who participated in 7 directors, including G, who are directors acting for the president of the partnership, among 10 directors, made a resolution to dismiss the plaintiffs from the defendant association members.

[Ground of recognition] Each entry in Gap evidence Nos. 2, 3, 5, 9, 12, Eul evidence Nos. 20 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. In full view of the purport of evidence No. 1 by the board of directors of July 14, 2020, the Defendant’s bylaws provide that a meeting of the board of directors may be held whenever the president of the association deems it necessary, and that a notice shall be given in writing (including electronic mail) to all officers at least one week prior to the meeting, except in urgent cases.

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