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(영문) 서울중앙지방법원 2017.07.21 2016가합24586
회원 제명결의 무효확인의 소
Text

1. On July 25, 2016, the Defendant confirmed that the expulsion disposition against the Plaintiff is null and void.

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

Reasons

1. The Defendant Association B (hereinafter “Defendant Association”) is an association established to improve the quality of C and expand the base thereof, and disseminate foreign culture to Korea through genetic events, participation in international conferences, etc. with D Organization, and disseminate Korean culture abroad. The Plaintiff was a member of the Defendant Association.

The Defendant Association held the 19th president election at the ordinary meeting held on February 26, 2016 (hereinafter referred to as the “instant election”), and the Plaintiff and E left the meeting as a candidate for the president, and as a result of the ballot counting, E was elected as the president.

On April 29, 2016, the Plaintiff filed a lawsuit against the Defendant Association seeking confirmation of invalidation of the president’s election (hereinafter “related lawsuit”) under the Seoul Central District Court 2016Gahap6724, and the said lawsuit is still pending.

The Defendant Association held the board of directors on July 14, 2016, and 14 of 15 directors, including the Chairperson E, Vice-Chairperson F, and G, and the auditor H and I were present.

The board of directors has filed a lawsuit related to the plaintiff, requested the chairperson E, etc. to hold the vice-chairperson of the defendant's association, proposed a proposal for the expulsion of the plaintiff as a member, and decided to recommend the plaintiff from the qualification of the plaintiff as 13 persons in title and 1 persons in title.

In accordance with the above resolution of the board of directors, on July 25, 2016, the Defendant Association notified the Plaintiff of the expulsion disposition (hereinafter “instant expulsion disposition”) that “The Plaintiff filed a lawsuit related to the Plaintiff, thereby impairing the honor and dignity of the Defendant Association, so the Plaintiff’s expulsion shall be determined through the resolution of the board of directors pursuant to Articles 7, 1, 2, and 9(1) of the Articles of Incorporation, and thereafter the Plaintiff loses membership.” The Defendant Association announced this to the Plaintiff Association.

Article 7 (Duties of Members) Members shall be:

1. Compliance with the articles of incorporation and regulations of the plenary session;

2. Members under Article 9, who comply with the matters of general meetings and the board of directors;

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