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(영문) 창원지방법원진주지원 2020.08.11 2019가합13523
지위확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant community is an organization established under the Fishery Resources Management Act with a view to contributing to the sustainable development of fisheries and the increase in fishermen’s income by efficiently managing fishery resources.

The non-party C fishing village fraternity is an organization established in the area where the non-party C carries out the business in accordance with the Fisheries Cooperatives Act in order to promote income by improving the productivity of the members of the fishing village fraternity.

The plaintiff was commissioned as a member at the defendant community conference on June 15, 2014 and was elected as a general secretary of the defendant community.

B. On September 1, 2014, the Defendant community leased the Defendant community fishery G to the Plaintiff and Nonparty F, the former chairperson of the Defendant community, by setting the rental fee of KRW 80 million, and the rental period from September 1, 2014 to August 31, 2017.

C. At the meeting of May 3, 2015, the Defendant community adopted a resolution to deprive the Plaintiff of the Plaintiff’s membership in the Defendant community on the grounds that the Plaintiff did not actually reside in E and his domicile also takes H Dong in Scheon-si. D.

At the meeting of July 4, 2017, the defendant community decided to elect the officers of the defendant community and organize the member group. The plaintiff filed an application for the provisional disposition of suspending the performance of duties under the 2018Kahap10065 against the chairperson of the defendant community, who is newly elected at the meeting. However, the application was dismissed, and the decision became final and conclusive on May 11, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 2 (including numbers; hereinafter the same shall apply) and the court's inquiry into the case of death, the purport of the whole pleadings as a whole.

2. The parties' assertion

A. On June 15, 2014, the Plaintiff asserted that the Defendant community passed a resolution to commission the Plaintiff as a member of the Defendant community to the Plaintiff, and the Defendant community leased the fishery right G managed by the Defendant community to the Plaintiff. At the meeting on May 3, 2015, the Plaintiff was the Defendant.

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