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(영문) 광주지방법원순천지원 2016.05.12 2015가합12087
제명결의무효확인의소
Text

1. On April 10, 2015, the Defendant confirms that the resolution dismissing the Plaintiffs at an extraordinary general meeting is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. In order to increase income to improve the production capacity of the members of the fishing village, the Defendant is a fishing village that has been established and organized in the area where the fishing village D, E, F branch line is performed, in accordance with Article 15 of the Inland Water Fisheries Act.

The plaintiffs are the members of the defendant's fraternity between the father and the father.

B. On April 3, 2015, the Defendant sent to the Plaintiffs a certificate of content stating that “I will attend an extraordinary general meeting on April 10, 2015, when I want to make an order based on the Articles of Incorporation Article 15,” and present their opinions and present their opinions.”

C. Around 10:00 on April 10, 2015, the Defendant convened an extraordinary general meeting at the G G G G G G home of the fishery fraternity (hereinafter “instant extraordinary meeting”) and, in the case of the Plaintiff A, passed a resolution to dismiss the Plaintiffs on the ground that the Plaintiff’s act constitutes grounds for expulsion under Article 15(1)1 through 3 of the articles of incorporation in the case of the Plaintiff B constitutes grounds for expulsion under Article 15(1)2 of the articles of incorporation.

(hereinafter “instant expulsion resolution”) D.

The main contents of the defendant's articles of incorporation are as follows:

Article 10 (Fixed Number of Assistants) Members shall be at least ten.

Article 14 (Withdrawal) (2) Any of the following subparagraphs shall be automatically withdrawn:

1. Where he does not reside in a fraternity area;

2. Where he dies;

3. Where he/she fails to participate in joint projects with villages at least 20 times a year without good cause.

4. A fine of 30,000 won shall be imposed once when the ordinary general meeting is not held; and

5. In cases of joint village projects, personnel expenses of 50,00 won shall be imposed on a person who has labor force after being recognized as an substitute member, (in cases of fines and personnel expenses, the amount of fine and personnel expenses distributed to a fraternity shall be deducted, and in cases of absence of distribution, the fine and personnel expenses imposed in the relevant year shall be extinguished) (1) If a fraternity falls under any of the following subparagraphs, he/she may be expelled through a resolution of the general meeting:

1. Where he/she fails to use the services of this fraternity for at least one year;

2. Fishing village fraternities in which members of the fishing village fraternity move out only; and

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