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(영문) 울산지방법원 2016.10.05 2015가합3729
상인회원가입신청거부 처분취소
Text

1. Of the instant lawsuit, the resolution of expulsion by the Defendant board of directors on April 28, 2014 and the subsequent disposition of expulsion.

Reasons

In fact, the plaintiff and the designated parties between the parties concerned have a store in the B market, a traditional market located in Ulsan-gu, Ulsan-gu, and are currently engaged in business by leasing a store, and the defendant is an organization consisting of persons who conduct business in the B market.

The purport of the argument is as follows: (a) there is no dispute; (b) A evidence Nos. 6-2 through 4, 9 through 12, 7-1, 2, 4 through 9, 8-5, 13, 14, 18, and the overall purport of the pleadings. The Defendant’s first resolution of expulsion by the Defendant’s board of directors and the Defendant’s board of directors on April 28, 2014 did not pay the monthly membership fee for at least one year pursuant to Article 15 of the Defendant’s articles of incorporation (hereinafter “the first resolution of expulsion”); and (c) the Defendant notified the Plaintiff and the designated parties that they would explain to the effect that they would have an objection to the said resolution of expulsion along with the fact of the said resolution of expulsion, by May 13, 2014.

On August 31, 2015, the plaintiff and the designated parties, including the plaintiff and the designated parties, filed an application for membership registration with the defendant around August 31, 2015. On October 14, 2015, the defendant notified the plaintiff and the designated parties that he/she would explain to the defendant until October 21, 2015, the provisional board of directors held by the defendant, together with the primary reason for the first expulsion.

The overall purport of the pleadings and arguments is as follows: evidence Nos. 3-1, 10, Eul evidence Nos. 2-1, 4 through 6, 9 through 13, 15 through 32, 42, and 42 of the evidence No. 3-2. The defendant's decision not to admit the membership of the defendant's board of directors, the second expulsion resolution, and the subsequent disposition defendant's temporary board of directors held on Oct. 21, 2015, which held on Oct. 21, 2015 that the plaintiff and the designated parties are not qualified for membership, is "a non-permission

B. On October 29, 2015, the Plaintiff and the designated parties notified the Plaintiff of the fact.

The above evidence Nos. 4-1 through 7, 12, Eul evidence Nos. 1-4, 3-3, 5 through 10, 12 through 29, 31 through 33, and the purport of the whole pleadings.

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