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(영문) 서울동부지방법원 2020.07.09 2019가합103094
조합원 제명결의 무효확인
Text

1. The Defendant’s assembly held on September 14, 2018 at the Diplomatic Association of Gangdong-gu, Gangdong-gu, Seoul, for the Plaintiff.

Reasons

1. The facts that the Defendant opened an extraordinary general meeting of 14:00 on September 1, 2018 and resolved in favor of 5,368, 207, 207, and 170 votes of 5,745 on the title of the Plaintiff, a member of the Defendant, for reasons of the following relevant provisions and the grounds for expulsion, may be acknowledged by comprehensively taking into account each of the entries and the overall purport of the pleadings, as follows: (a) there is no dispute between the parties; and (b) evidence Nos. 20, 21, 5, and 10 (including serial numbers; hereinafter the same shall apply).

Applicable Provisions: Article 11(3) of the Articles of Incorporation of the Defendant Cooperatives and Article 11(3) of the Articles of Incorporation of the Cooperatives, “Where a member causes a substantial damage to the Association due to intention or gross negligence, failure to perform his/her duties, etc.

(b) Grounds for expulsion: ① continuously interferes with the promotion of projects and the affairs of an association through litigation with an administrative agency with respect to major administrative procedures related to the promotion of projects, such as authorization for project implementation and authorization for the management and disposal plan, and cause the occurrence of unnecessary project expenses, such as attorney fees, etc. (2) nonperformance of the obligation to move even after the relocation period and even after the relocation period (in case of compulsory execution through litigation and litigation on the replacement of the floor of the relevant household after the completion of the relocation period, the progress of the project for replacing the floor of the relevant household, and the failure to move due to the failure to move due to the failure to implement the relocation obligation) (3) filing civil petitions

2. Determination as to the cause of action

A. The expulsion disposition against a member of an organization is to deprive the member of his/her status against the will of the member, and therefore, it should be recognized only as a final means in extenuating circumstances for the benefit of the association (see, e.g., Supreme Court Decisions 93Da21750, May 10, 1994; 2003Da6942, Nov. 12, 2004).

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