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(영문) 광주지방법원 해남지원 2018.05.30 2017가합3431
총회무효확인소
Text

1. On May 17, 2017, the Defendant’s general meeting of the fishing village fraternity members confirms that a resolution appointing C as the head of the fishing village fraternity is null and void.

2.

Reasons

Basic Facts

The defendant is a fishing village fraternity comprised of persons engaged in fisheries in the members of the Jeonnam-gun, Chungcheongnam-gun, for the purpose of running joint projects to enhance the productivity of fisheries and improving their economic, social and cultural status.

The plaintiff is a person who was a member of the defendant, and C is a person elected as the head of the defendant's fishing village fraternity on May 17, 2017.

On May 17, 2017, the Defendant held a general meeting on the agenda of election of the chief of fishing village fraternity, etc. and made a resolution to appoint C as the chief of the Defendant’s fishing village fraternity (hereinafter “instant appointment resolution”) with the consent of 40 members present at the meeting.

On August 9, 2017, according to C’s convening on August 9, 2017, the Defendant held a general meeting where “Conclusion of a contract on the exercise of the fishery right to Geasan Seas, 2019” as an agenda item, and resolved to conclude a contract on the exercise of the fishery right to D and E owned by the Defendant from September 1, 2017 to August 31, 2019 with the consent of 87 members including fishing village fraternity members, etc. with the consent of 60 members present.

(2) According to Article 11 of the Articles of Incorporation (the Articles of Incorporation) publicly notified by the Minister of Oceans and Fisheries on December 1, 2016, a person who intends to join a fishing village fraternity shall submit an application for membership and relevant documents to the head of the fishing village fraternity, and the head of the fishing village fraternity shall examine the qualifications of the members of the fishing village fraternity and make a decision on whether to accept the application.”

However, there is no fact that the Plaintiff submitted an application for joining to the Defendant or that the president of a fishing village fraternity decided whether to approve by referring it to the general meeting.

In addition, when the plaintiff sold illegally to the defendant on June 22, 2017, he/she is legally dissatisfied with the deprivation of rights, expulsion, and withdrawal of union members.

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