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(영문) 서울중앙지방법원 2015.11.20 2014가합565625
제명결의무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relevant Plaintiff is a construction waste interim disposal business entity, and the Defendant is a mutual aid association established to guarantee the disposal of abandoned waste and to provide various guarantees and loans necessary for construction waste disposal business pursuant to Article 47 of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”).

B. Around April 2002, the Plaintiff entered into an agreement to guarantee the management of abandoned waste with the Defendant to pay a decentralization to the Defendant and join as a member pursuant to Article 42 of the Construction Waste Management Act. If the Plaintiff fails to comply with an order to dispose of abandoned waste, the Plaintiff entered into an agreement to guarantee the Defendant’s performance of disposal and claim for reimbursement of the amount exceeding the contribution out of the disposal costs.

C. The Defendant’s articles of incorporation and internal regulations 1) A person who has obtained a license for interim construction waste disposal business pursuant to Article 21 of the Construction Waste Act may become a member of the Fund. (4) A resolution on whether to join a construction waste disposal business shall not be made unless it falls under any of the following subparagraphs, and if it does not decide whether to join a construction waste disposal business after the lapse of 30 days from the date of application, it shall be deemed that he/she has entered into

2. Where he/she keeps wastes in excess of permissible storage quantity.

3. A person in whose case two years have not passed since he/she was expelled from a cooperative or one year has not passed since he/she was expelled from a cooperative.

5. Compliance with the measures to prevent generation of neglected wastes. Article 14 (Withdrawal of Members) (3) Members of a cooperative shall automatically withdraw from the cooperative in any of the following cases:

1. Where a member falls under any of the following cases, he/she may be expelled by a resolution of the board of directors:

1.Paragraph 4 of Article 10;

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