logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2019.08.23 2018가합11683
어촌계총회결의무효확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The defendant is the fishing village fraternity established under Article 15 of the Fisheries Cooperatives Act among the members of the Dog-gun, Ulle-gun, Ulle-gun, and the plaintiff is the head of the defendant. 2) The defendant uses the fishing village fraternity's articles of incorporation as stipulated by the Minister of Oceans and Fisheries in the defendant's articles of incorporation. Among them, the main contents related to this case are as stated in

B. A resolution of dismissal against the Plaintiff 1) The Defendant held an extraordinary general meeting at which the Plaintiff’s leader was dismissed on June 27, 2017 upon the convocation of E on June 27, 2017 and passed a resolution to dismiss the Plaintiff by attending the meeting of all nine members present (hereinafter “instant resolution of dismissal”).

(2) The Plaintiff asserted that the instant dismissal resolution was null and void, and filed a lawsuit seeking nullification of the resolution of the general meeting of fishing village fraternities as the court 2017Gahap11020 against the Defendant.

On June 27, 2017, this Court rendered a judgment that the Defendant’s dismissal resolution of this case rendered on June 27, 2017 was invalid. The Defendant appealed as Daegu High Court No. 2017Na25797, but the appellate court rendered a judgment dismissing the appeal on May 2, 2018.

C. Resolution 1 on August 19, 2017, when the above lawsuit was pending, the Defendant held an extraordinary general meeting of the Defendant, which covers the Plaintiff’s expulsion as an agenda item, on August 19, 2017, and adopted a resolution to expulsion the Plaintiff (hereinafter “instant expulsion resolution”).

(2) The Plaintiff asserted that the resolution of expulsion in this case is null and void, and filed an action to nullify the resolution of the general meeting of fishing village fraternities as the court 2017Gahap11365.

The court rendered a judgment that the resolution of expulsion of this case was invalid on August 19, 2017 on the ground that the resolution of expulsion of this case was convened by a person without the authority to convene a meeting and the procedural defect was found. The defendant appealed as Daegu High Court 2018Na21709.

A resolution of ratification for dismissal and expulsion shall be 1.

arrow