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(영문) 광주지방법원순천지원 2016.05.12 2015가합565
보상금분배결의무효확인
Text

1. We affirm that the Defendant’s resolution on the distribution of compensation as of December 26, 2014 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is a fishing village fraternity (15 members), the purpose of which is to jointly gather natural mountain intelligence in the E branch line front of Mayang-si C and D, and F, the plaintiff and the plaintiff's father, are the members of the defendant's fraternity.

B. The Korea Highway Corporation, in the course of performing construction works as well as the second country which connects the truth and sub-dong around 2014, paid KRW 79,287,50 to the Defendant as compensation for damages.

C. In a special meeting held on December 26, 2014 (hereinafter “instant general meeting”), the Defendant passed a resolution to distribute the said KRW 79,287,500 to nine households each (hereinafter “instant resolution to distribute KRW 8,809,722), and the Plaintiff and F was classified as the same household and paid compensation.

At the time of the Defendant’s resolution on distribution of this case’s articles of incorporation, the following were stipulated.

Article 21 (Public Notice of Holding General Meeting) The public notice of convening General Meeting shall be given not later than one week prior to the date of the meeting:

1. Date and place of the general meeting;

2. Agenda and session for discussion;

3. Other necessary matters under Article 24 shall undergo a resolution of the general meeting of shareholders:

1. Amendment of the articles of association;

2. Calculation and modification of business plans and budget of revenues and expenditures;

5. Approval of settlement of accounts;

6. A majority of the members of a general meeting as provided in Article 25 (Opening and Quorum of General Meeting) of the acquisition and disposal of fishery rights, real estates, and other properties, shall constitute a vote of at least 2/3 of the members present;

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Although Article 21 of the Articles of Incorporation of the Defendant’s assertion 1 provides that “The date, time, place, and agenda of the general meeting shall be publicly announced not later than one week before the date of the general meeting, the Defendant did not give any notice to the Plaintiff regarding the extraordinary general meeting held on December 26, 2014.”

The general assembly of this case.

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