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(영문) 인천지방법원 2016.10.14 2015가합59494
임시총회결의무효확인
Text

1. The Defendant’s resolution to dismiss the Plaintiff at an extraordinary general meeting on September 10, 2015 confirms that the resolution to dismiss the Plaintiff is null and void.

2...

Reasons

1. Basic facts

A. The Defendant is a fishing village fraternity established by the Fisheries Cooperatives Act as the area of the Incheon Vindication-gun C, D, E, and F in accordance with the Fisheries Cooperatives Act, and the Plaintiff was a member of the fraternity affiliated with the Defendant on August 5, 2008, and was working as the Defendant’s leader from March 20, 2013.

B. On September 10, 2015, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) and passed a resolution on the amendment of Article 3 of the Articles of Incorporation, the case of dismissing the Plaintiff from the head of the fishing village fraternity, and the case of dismissing the Plaintiff from the Defendant’s fraternity.

The minutes of the instant extraordinary general meeting include the following: (a) 49 persons among the members of 123 persons are present at the instant extraordinary general meeting and 31 persons are delegated with voting rights and 80 persons are present at the meeting; (b) the dismissal agenda against the Plaintiff was approved by the affirmative votes 73, 6, 1 vote; (c) the expulsion agenda against the Plaintiff was approved by the affirmative votes 66, 6, 7 marks, and 1 vote; and (d) the Defendant’s jurisdiction was G and H; and (e) the decision to decide each fishing village fraternity by administrative Ri was passed without the opposing opinions.

C. The part related to the validity of the resolution adopted at the instant special meeting among the Defendant’s articles of incorporation at the time of the instant special meeting is as shown in attached Table 1.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 20, Eul evidence 20, Eul evidence 7 or video, the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant special meeting was convened by the representative I of the fraternity members who obtained the consent of at least 1/5 of the fraternity members.

However, according to the defendant's articles of incorporation, the representative of a fraternity with the consent of at least one fifth of all members shall submit a document stating the purpose of the meeting and the reasons for the meeting to the chief of the fraternity and shall request the chief of the fraternity to convene a general meeting. ② The chief of the fraternity in receipt of such a request for convening a general meeting shall not take the procedure for convening the general meeting within two weeks without any justifiable reason, and ③ Nevertheless, the chief of the fraternity in receipt of such request shall

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