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(영문) 광주지방법원 해남지원 2021.01.13 2020가합3196
어촌계장 지위확인 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant B fishing village fraternity is a fishing village fraternity with the aim of running a joint business to enhance the productivity of the members of the fraternity and to improve their living conditions by making all members of the entire Gun Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do , and Defendant C Cooperative is a district E under the Fisheries Cooperative Act with the entire Gun Do Do Do

B. Defendant B: (a) held an extraordinary general meeting on December 27, 2017 and resolved to elect the Plaintiff as the head of a fishing village fraternity (hereinafter “instant previous resolution”). C.

The Plaintiff filed a lawsuit against Defendant B fishing village fraternity for the confirmation that the court 2018 was in the position of the president of Defendant B’s fishing village fraternity from January 1, 2018 to December 31, 2020 in accordance with the previous resolution of this case. On November 27, 2019, the court rendered a judgment dismissing the Plaintiff’s claim on the ground that “The previous resolution of this case was null and void, since there was a procedural defect in the special general meeting of Defendant B fishing village fraternity on December 27, 2017, for which the notice of legitimate convocation was not given, and the requirement was not satisfied,” and the said judgment became final and conclusive on December 12, 2019.

(d)

In accordance with the articles of incorporation of Defendant B fishing village fraternity, the Plaintiff convened an extraordinary meeting on December 29, 2019 with the consent of at least 1/5 of the members of Defendant B fishing village fraternity (hereinafter “instant extraordinary meeting”). In the instant extraordinary meeting, the Plaintiff attended the general meeting of this case by the Plaintiff, F, G, H, I, J, J, and seven members in total, and made a resolution to select the Plaintiff as the leader of Defendant B fishing village fraternity with the consent of all members present (hereinafter “instant resolution”).

E. Among the articles of incorporation of Defendant B fishing village fraternity (hereinafter “instant articles of incorporation”), the main contents of this case are as shown in the attached Form.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, Gap evidence No. 5-1 through 6, Gap evidence No. 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion.

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