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(영문) 창원지방법원 2017.06.22 2016가합53084
당선무효확인
Text

1. It is confirmed that the decision that D was made as the elected person in the election for the chief of a fishing village fraternity implemented by the Defendant on June 20, 2014 is null and void.

Reasons

1. Basic facts

A. In order to carry out joint projects to improve the productivity and living standard of the members of the fraternity and to improve their economic, social and cultural status, the parties concerned are a non-corporate company comprised of persons engaged in fisheries in the Chang-gu, Chang-gu, Chang-gu, Seoul, and a non-corporate company. The plaintiff is a member of the defendant's fraternity.

B. Around February 1, 2000, the Defendant’s election of the head of a fishing village fraternity on December 10, 2010 (the Defendant’s election of the head of a fishing village fraternity) was convicted of a criminal fact that “a person embezzled the Defendant’s operational funds, etc. while working as the leader of the Defendant,” and the judgment became final and conclusive (the Changwon District Court 99Da4283). The Defendant ordered E from the Defendant on the grounds of the final and conclusive judgment around that time. (2) On January 30, 2010, the Defendant held an extraordinary general meeting and resolved to recover the Plaintiff’s membership qualification. On December 10, 2010, the Defendant elected the head of a fishing village fraternity. Article 37 and Article 42(1)11 of the Articles of Incorporation and Article 11 of the Rules on Officers, which were applied at the time, determined that the Defendant’s election of the head of a fishing village fraternity, who did not hold the Defendant’s status for at least two years, should not be elected.”

C. Around March 15, 2011, the Defendant’s resolution on the extraordinary general meeting on March 15, 2011 publicly announced that ① the succession of the members of the fraternity and the membership of the members of the fishing village fraternity, ② the expulsion of the members of the fraternity, etc. shall be held as an agenda item; accordingly, the Defendant held an extraordinary general meeting on March 15, 201 (hereinafter “the general meeting of March 15, 201”) and expelled the persons listed in the attached Table 1 (hereinafter “disqualified persons”) from the Defendant, and made a resolution to recommend 63 persons other than F among those listed in the attached Table 2 (hereinafter “subscribers”) to join the Defendant.

The above resolution of expulsion was made on March 15, 201, and the above resolution of expulsion was made on March 15, 201, and the above resolution of expulsion was “the resolution of March 15, 201,” and the combined adoption was made on March 15, 201.

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