(영문) 창원지방법원통영지원 2019.10.17 2019가합10558

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(영문) 창원지방법원통영지원 2019.10.17 2019가합10558

회원자격부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff, which was enacted on February 3, 2005, on February 3, 2005, is a system that consists of residents of the Gyeongnam-gun C Village and D Village.

The rules of the Association stipulate membership as follows:

Section 5. Members of the Council shall be subject to the following conditions:

All members of the meeting referred to in paragraph (1) shall be CD residents.

Paragraph 2. All members of the meeting shall be one member per Gu.

Paragraph 3, the members of the meeting shall be the permanent domicile of the parent, and the standard shall be based on the year of creation in 1929 by the clerk.

Paragraph 4, even if a member of the meeting is a member of the meeting, he/she shall automatically withdraw from the meeting and shall not pay any dividends for his/her withdrawal.

Paragraph 5, a member of the meeting shall lose his qualification for guidance when he returns home for not less than 30 years (one household) while leaving the meeting to return home.

(hereinafter omitted) In addition, the current rules of the Plaintiff, enacted on July 10, 2009, stipulate the membership as follows:

Article 4 (Composition) The composition of this Sub-Committee shall be regular members and associate members.

1) A regular member: A Associate member who resides in the CD village and resides in a household of a regular member, and has the same rights and obligations as a regular member, but the right to claim allocation of property shall lapse.

Article 5 (Unqualified Persons of Members) (1) A person who has a house but does not reside and does not meet the purpose, 2) a person who resides in the 3rd room, etc. of a tenant, etc., 30 years after leaving the village, and the defendant returned home after the lapse of 30 years from the village and does not lead to the village, so the defendant does not have the qualification of the plaintiff as a member under the rules

Judgment

The plaintiff asserts to the purport that the membership of the defendant should be determined on the basis of both the rules of February 3, 2005 and the rules of July 10, 2009.

However, in full view of the contents of Gap evidence Nos. 1, 2, and Eul evidence No. 1, the whole purport of the pleadings is as follows.

유사 판례

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