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(영문) 부산지방법원 2019.01.23 2018가합43565
제명처분 무효 확인의 소
Text

1. The plaintiff confirms that he is a full-time member of the defendant.

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

Reasons

1. Basic facts

A. The Defendant is an organization established in around 1978 as an organization for the purpose of promoting the management of liquor, local social development, company and mutual friendship in the village “C (former Busan Dongdong-gu Ddong-gu). The Plaintiff is the Defendant’s auditor from around 2002 to October 2013, and the Defendant’s financial activities from October 201 to May 2, 2018.

B. The net E (E) (hereinafter “E”) is the south of the net F (Death on November 27, 1993, hereinafter “F”) and the Plaintiff is the south of F, while the F is the south of the network G (Death on July 20, 1957, hereinafter “G”) and the south of the network H (Death on January 18, 1941, hereinafter “H”) and the south of G.

(The family system of the parties concerned is as shown in the annexed Form).

The defendant enacted and implemented the rules of August 9, 1978 (Evidence A2).

The main contents are as follows:

[Defendant alleged that Gap's evidence No. 2 was not known of the enactment rules of August 9, 1978, but witness I stated that the remainder except for the part of Article 4 among the above bylaws complies with the defendant's bylaws prepared as of August 9, 1978, and no special circumstance exists to deem that only Article 4 of the above rules was altered, and the date and time of the enactment of the rules (the date of the enactment of the rules of the evidence No. 2 as of August 9, 1978 as of August 9, 1978 as of August 2, 1978 as the date of enactment of the rules of the evidence No. 2 as of August 9, 1978 as alleged by the Defendant).

) Contents of the rules of association (the name, purpose, composition, etc. of the defendant is similar to those of the evidence No. 2 as claimed by the defendant.

() The process of obtaining the bylaws (the Plaintiff, from around 2002 to May 201, obtained the evidence No. 2, while engaging in activities as the Defendant’s audit and finance.

In full view of the purport of the entire arguments and the purport of Gap evidence No. 2, it is reasonable to see Gap evidence No. 2 as the rules at the time of the enactment of the defendant. The members of the meeting set forth in Chapter 3 are those who resided in D, and are the representatives of the agricultural and fishery circles and their descendants in the past.

Section 5. A member who does not reside in Ddong among the members of this Council.

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