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(영문) 제주지방법원 2018.08.23 2017가합90
총회결의무효확인
Text

1. A resolution that the Defendant appointed C as the president at an extraordinary general meeting of December 22, 2016 is invalid.

2...

Reasons

1. Facts of recognition;

A. The parties concerned 1) The defendant is an incorporated association established on February 6, 2006 for the production, fostering, management, smooth implementation of horse, increase in the income of farmers and protection of rights and interests of farmers. The plaintiff is one of the founders of the defendant. The plaintiff has served as the defendant's director from December 2009 to August 201. The main contents of the defendant's articles of incorporation are as follows.

Part 2 Members of the Association of Article 6 (Qualifications for Membership) shall be as follows:

1. A regular member shall be a person who engages in riding or horse-related business by producing D or utilizing D;

2. Honorary members shall be those recommended by the Association or the board of directors as persons who have contributed to breeding marinas;

Article 7 (Joining Members) Any person who intends to become a member of the Association shall submit an application for prescribed attendance to the Council and obtain approval from the Council.

Article 9 (Rights of Members) Members shall have the following rights:

However, this does not apply to honorary members.

1. Right to vote and to be elected as officers of the Association and other positions under the provisions of this articles of association;

2. Members under Article 10 (Duties of Members) of the Act shall have the following obligations:

5. In principle, membership fees and other charges shall be paid by the day before the general meeting of the relevant year, and the grace period shall be by the end of June;

The membership is reserved at the time of unpaid, and the membership is restored at the time of the payment before the Assembly in the next year.

Article 12 (Loss of Eligibility) If a member falls under any of the following subparagraphs, he/she shall be disqualified as a member:

1. Where the association is expelled in accordance with the articles of association;

2. The time when membership fees are unpaid under Article 10 (5) of the Articles of incorporation (the time of unpaid payment shall not later than the date of the relevant year’s general meeting); and the membership fees shall be granted when it is paid after a general meeting to secure membership rights.

Provided, That in the case of a new member, he/she shall be qualified as a member immediately.

Article 13 (Disciplinary Action) (1) Members shall be:

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