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(영문) 창원지방법원진주지원 2017.11.30 2017가합10360
임시총회결의무효확인
Text

1. The Defendant dismissed C’s representative director at an extraordinary general meeting on January 11, 2017, and D’s representative director, directors, and E’s directors and F.

Reasons

1. Basic facts

A. The Defendant, as a farming association established under Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, for the purpose of improving agricultural productivity and increasing the income of its members through rationalization of agricultural business management, held an extraordinary general meeting on January 11, 2017 after obtaining a decision to permit the convening of an extraordinary general meeting from the Changwon District Court on December 30, 2016, with the aim of promoting the improvement of agricultural productivity and the increase of the income of its members. D, which had been audited by the Defendant, held an extraordinary general meeting on January 11, 2017. The said extraordinary general meeting as follows:

(2) The general meeting of this case or the general meeting resolution of this case). The representative director shall be dismissed from office of the representative director: F from among the investment units of 15,000 investment units of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in

B. The contents recorded in the list of partners at the time of the instant general meeting are as follows.

C. The parts related to the instant case in the Defendant’s articles of incorporation (hereinafter referred to as the “instant articles of incorporation”) are as follows.

Article 8 (Qualification for Membership) (1) Farmers who can become members of the partnership corporation shall be those who meet the following requirements:

1. A person who manages or cultivates farmland of not less than 1,00 square meters, a person who annual sales of agricultural products through agricultural management is not less than 1,20,000 won, or a person who is engaged in agriculture for not less than 90 days a year

2. An adult of 20 years of age or older, who consents to the purport of the establishment of this association;

3. A person who has invested in cash of at least two million won or in farmland, machinery, livestock, or other kind equivalent thereto, who is eligible to become an associate member of a juristic person under this Article, as provided for in Article 9, shall be a person who satisfies the following requirements:

4. Other persons who are not farmers.

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