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(영문) 광주지방법원 순천지원 2018.01.10 2017가합12456
제명처분 무효확인 청구의 소
Text

1. The Defendant limited to the Plaintiff on January 3, 2017, on the ground of a resolution of expulsion at an extraordinary general meeting on December 30, 2016.

Reasons

1. Facts of recognition;

A. The defendant is a fishing village fraternity comprised of female fisheries cooperatives residing in the female village B in accordance with the Fisheries Cooperatives Act, and the plaintiff is a member of the defendant's fraternity.

B. Around December 19, 2016, the Defendant asserted the right to collect the Plaintiff upon obtaining the Defendant’s consent from other fishing village fraternities with respect to the surplus bank for which the exclusive management right has been granted. ② A complaint is filed against the Defendant regarding the grant of DNA, and ③ during the process of filing and distributing a large number of civil petitions, the Plaintiff constitutes the cause for expulsion stipulated in Article 13 of the Defendant’s Articles of incorporation, such as undermining the honor of the fraternitys and the Defendant. (ii) On December 30, 2016, the Defendant held a general meeting on December 30, 2016. (iii) On the part of the Plaintiff, the Defendant: (i) 62 of the total KRW 70, among those attending the general meeting, notified the Plaintiff of the relevant provision under the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”); and (iv) 2) 3) the Defendant’s resolution was given to the Plaintiff under the name of the Plaintiff’s name of the non-party E in the presence of the Plaintiff.

(hereinafter referred to as “instant expulsion disposition”). (c)

The Defendant’s articles of incorporation provision 1) around November 20, 2002, as a fishing village fraternity divided by the FF fishing village fraternity, obtained the approval of the articles of incorporation under the articles of incorporation (e.g., fishing village fraternity as determined by the competent authority at the time. On October 13, 2010, upon the amendment of the articles of incorporation of the fishing village fraternity (e.g., fishing village fraternity), the Defendant amended the said articles of incorporation and obtained the said approval (hereinafter “authorization articles

2) Of the articles of incorporation of a fishing village fraternity established by the Defendant’s authorized articles of incorporation and the competent authorities, the grounds for expulsion of a fraternity are as follows:

Article 17 (Expulsion) (1) If an instructor falls under any of the following subparagraphs, he/she may be expelled through a resolution of the general meeting:

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