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(영문) 제주지방법원 2016.09.29 2016가합321
정기총회결의무효확인및권리관계
Text

The lawsuit of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

A. The defendant is a non-corporate group established for the purpose of efficient operation of B stock farm, enhancement of the members' interests, and contribution to the development of the C village, and the plaintiff is the defendant's member.

B. On February 15, 2015, the Defendant: (a) held a general meeting of shareholders to establish the articles of incorporation to establish a new provision that limits the rights of union members if a union member damages the reputation of union or damages union members, or is subject to criminal punishment heavier than imprisonment without prison labor for the date related to union; (b) however, the Defendant decided to organize the provisions that stipulate the rights of union members (Article 6(1) and the provisions on the restriction on rights (Article 6(2)) as separate provisions and to report them to the next general meeting

Article 6 (Rights) 1 (Rights) of the provisions on the amendment of the articles of incorporation before the amendment, and Article 6 (Rights) (2) A member shall have joint ownership and joint management rights over the assets of an association and shall succeed to rights and duties of a member who dies or loses his/her livelihood.

(Provided, That members are not able to distribute or trade rights and obligations, and they are not entitled to do so). (1) Members have the following rights:

1. Right to speak on the same basis, right to vote and to be elected;

2. Joint ownership and joint management rights over union assets;

3. Rights and duties of successors where a member dies or loses a livelihood.

1. The person who has injured the reputation of the cooperative;

2. A person who has been sentenced to imprisonment without prison labor or a heavier punishment due to the fact related to the cooperative, who inflicts economic damage on the cooperative;

4. No right as prescribed in Article 7 shall be distributed, transferred, or sold;

C. On February 28, 2016, the president of the Defendant Partnership D shall hold an ordinary general meeting on February 28, 2016 and adjust the same to its members as follows.

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