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(영문) 수원지방법원 안산지원 2018.09.13 2018가합6232
제명처분무효확인 청구의 소
Text

1. The Defendant’s expulsion disposition against the Plaintiff at the meeting of the board of representatives held on February 20, 2018 is null and void.

Reasons

1. Basic facts

A. The defendant is a regional forestry cooperative under the Forestry Cooperatives Act covering C, D, E, F, G, H Si, and I as its member, and the plaintiff is the defendant's member.

B. On March 11, 2015, the Plaintiff in the election of the head of the Defendant Cooperative was a candidate for the election of the head of the Cooperative.

In the above election, 959 of the total number of voters 1,982 participated in the voting, and the plaintiff was elected as the president of the J as the plaintiff obtained 428 votes and 523 votes from the J.

C. 1) The Plaintiff filed a lawsuit against the Defendant and J seeking the invalidity of the election of the president of the partnership and the election (hereinafter “instant lawsuit”) under the Head of Suwon District Court Branch of 2015Gahap934, both of which are located in the Republic of Korea and J (hereinafter “instant litigation”).

() On November 17, 2016, the court rendered a judgment that “the claim against the J among the above lawsuits shall be dismissed, the Plaintiff’s claim against the Defendant shall be dismissed, and the costs of the lawsuit shall be borne by the Plaintiff.” The above judgment became final and conclusive around that time. 2) Defendant and J filed against the Plaintiff an application for the determination of the amount of litigation costs of the instant related lawsuit against the Plaintiff as the head of Suwon District Court’s Ansan Branch 2017Ka-1010.

On September 3, 2017, the above court decided to determine the amount of litigation costs to be repaid to the defendant and J as KRW 2,408,142, respectively, and the above decision was finalized around that time.

3) On November 17, 2017, the Plaintiff paid KRW 2,408,142 to the Defendant on November 17, 2017. On December 21, 2017, the Plaintiff deposited KRW 2,408,142 with the Suwon District Court’s Ansan Branch was deposited as the principal deposit in Suwon District Court in 2017. D. Defendant’s expulsion against the Plaintiff on December 22, 2017, held a board of representatives replacing the special meeting and proposed the agenda for expulsion of the Plaintiff’s members.

However, as a result of voting, there are 20 affirmative votes, 12 opposing votes, and 1 invalid votes of the members of the defendant's articles of association from among 33 representatives present.

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