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(영문) 대구지방법원 김천지원 2018.03.30 2017가합16351
조합원제명처분무효확인
Text

1. The Defendant’s resolution by the board of representatives on June 2, 2017 and the general meeting of shareholders on January 14, 2018, expulsion of the Plaintiff from its members.

Reasons

1. Basic facts

A. The Defendant is a regional housing association that has obtained authorization to establish a collective housing construction project as stipulated by the Housing Act (hereinafter “instant project”) in the old and American Housing Act.

B. The Plaintiff became a member of the Defendant on October 17, 2013, and was appointed as the Defendant director on December 27, 2013, and was dismissed on August 16, 2015.

C. On June 2, 2017, the Defendant: (a) held a board of representatives on June 2, 2017 (hereinafter “instant board of representatives”); (b) decided to dismiss the Plaintiff from the association members; and (c) sent a written notification of expulsion to the Plaintiff on July 3, 2017.

On January 14, 2018, after the filing of the instant lawsuit, the Defendant held a general meeting of shareholders (hereinafter “instant general meeting”) on January 14, 2018, and again resolved to dismiss the Plaintiff from its members.

E. Relevant provisions of the defendant's rules are as follows.

(The bottom part is a provision that the defendant added or changed at an extraordinary general meeting on August 16, 2015). [The ground for recognition] The fact that there is no dispute, the entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 4, 5, 10, and the purport of the whole pleadings.

2. Whether a resolution of expulsion of plaintiff made by the board of representatives of this case is valid

A. 1) The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in the evidence Nos. 3, 4, and 5, and the following facts are either a dispute between the parties or a full view of the purport of the entire pleadings. A) Of the 886 defendant members, 446 of the 886 members of the defendant association applied for permission to convene an extraordinary general meeting (2015 non-conforming3) to the court.

This Court shall, on July 7, 2015, call an extraordinary general meeting of the defendant for the following agenda items to the applicant: The agenda item 2 for the modification of the business plan: The case of the modification of the business plan: The agenda item 3: the case of the cancellation of the contract of the various service companies (service companies promoting the business, design offices, accounting audit services, construction supervising companies, etc.), and the case item 4 for the new selection: the agenda item 5 for the adjustment of the construction cost following the modification of the business plan: the project cost and construction cost following the termination of the contract and the adjustment of the construction cost.

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