logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2019.04.26 2017가합12266
어촌계총회결의무효확인 청구의 소
Text

1. Of the instant lawsuits, the part of the claim for nullification of the resolution on the extraordinary general meeting of September 29, 2017 is dismissed.

2. The plaintiff's remainder.

Reasons

Basic Facts

The defendant is a fishing village fraternity organized by the members of the fisheries cooperative in the Dori Unit pursuant to Article 15 of the Fisheries Cooperatives Act. The plaintiff was elected as the chief of the defendant fishing village fraternity around February 2016 and was performing his duties as the chief of the fishing village fraternity from around that time.

On September 12, 2017, the defendant held an extraordinary general meeting and resolved to dismiss the plaintiff as the head of the fishing village fraternity.

In the above special meeting, the total of 21 members, including E, the plaintiff and the plaintiff's spouse, were present at the meeting, and the plaintiff explained his position on the dismissal proposal at the general meeting, and the plaintiff left the meeting together with E, and thereafter, the resolution of dismissal was passed by the unanimous consent of all the remaining 16 members.

Accordingly, on September 19, 2017, the head of the FFF association instructed the defendant to proceed with the election procedure for the election of the head of the next fishing village fraternity.

C On September 28, 2017, the Defendant registered as a candidate for the head of the fishing village fraternity, and on October 10, 2017, the chairman of the election management of the Defendant fishing village fraternity announced on October 10, 2017 that C was elected as the Defendant’s head of the fishing village fraternity.

[Ground of recognition] In the absence of dispute, Eul 7, 8, 15, 16, and 17 evidence (including each number), each of the whole arguments, and in order to bring an action to confirm the validity of a resolution of the general meeting on September 29, 2017, the absence of a resolution of the general meeting or to confirm the invalidity of the resolution of the whole purport of the pleadings, the organization's internal decision-making of the general meeting is once the resolution of the general meeting has existed, but there is a serious defect to the extent that the resolution of the general meeting cannot be deemed to exist, or that there is a serious defect to the extent that the convocation procedure or method of resolution of the general meeting for decision-making at least the same appearance as the resolution of the general meeting has resulted in trouble to the present rights or legal relations. Thus, there is no internal decision-making of the organization or its resolution.

arrow