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(영문) 광주지방법원 2018.12.07 2018가합54533
제명처분 무효 확인 청구의 소
Text

1. On December 23, 2016, the Defendant confirmed that the resolution of expulsion against the Plaintiff was null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is a legal entity established with the purpose of promoting friendship and common interests by having those who obtained permission from the Gwangju Metropolitan City Mayor as its members, and the Plaintiff is the Defendant’s former president from April 2013 to three years as its members.

B. The defendant's board of directors of the defendant's resolution to dismiss the plaintiff from membership under Article 9 of the defendant's articles of association and subparagraph 2 of Article 7 of the Operating Rules (hereinafter "the provision of this case") of the enforcement rules presented an agenda on the loss of the plaintiff's membership (name of expulsion).

The defendant, on December 23, 2016, held an extraordinary general meeting with 19 from among 20 registered representatives attending the meeting, and, through a secret vote (at least 16 marks, 2/3 of registered representatives) to dismiss the plaintiff from its member (hereinafter referred to as the "resolution of this case") at the complaint, sought confirmation on the invalidity of the expulsion of the expulsion of the plaintiff from its member, but the purport of the resolution of this case is to dispute the validity of the resolution of this case, and the resolution of this case is null and void.

B. On January 5, 2017, the Plaintiff notified the Plaintiff of this.

C. Article 9 (Membership and Loss of Membership) of the Defendant’s Articles of Incorporation and the Detailed Regulations related to the instant case, as at the time of the instant resolution

1. Any person who has obtained permission for Ctransport business from the competent authority in Gwangju Metropolitan City may be eligible for membership;

Provided, That a person who is deemed to be a significant obstacle to the unity and development of the Association may be restricted from joining the Association in accordance with a resolution of the general meeting.

Part III General Assembly of Representatives (Composition) Article 15 (General Assembly) of the General Assembly of Representatives (hereinafter referred to as the "General Assembly") shall be organized as representatives and shall be substituted by the General Assembly of Members.

Article 21 (Matters to be Resolved) The following matters shall be subject to resolution at a general meeting:

1. Amendment to the articles of incorporation and election of officers;

2. Important matters accompanied by the rights and interests of members;

3. Approval of budgets and settlement of accounts;

4. Raising and repayment of loans;

5. Matters concerning the change in the acquisition or loss of basic assets, which is referred to in Article 27.

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