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(영문) 대전지방법원서산지원 2020.09.17 2019가합51392
대의원총회결의무효확인 등 청구의 소
Text

1. The Defendant’s resolution to dismiss the Plaintiffs at the board of representatives held on June 3, 2019 is null and void.

Reasons

1. Facts of recognition;

A. Defendant fishing village fraternity is a fishing village fraternity that has its members who reside in the above area in accordance with Article 15 of the Fisheries Cooperatives Act by making it a member of the Jari-gun in the Pacific-gun, Chungcheongnam-do as its member of the fishing village fraternity.

The Plaintiffs joined the Defendant fishing village fraternity as its members, around September 6, 2012; around July 4, 2013; around November 19, 2013; and around November 26, 2009; around February 22, 2008; around June 28, 2018; around March 28, 2014; around June 22, 2012; Plaintiff A, C, and H, respectively; Plaintiff D, around November 7, 2000; Plaintiff D, around November 22, 2012; and Plaintiff F, around each subscription date, paid the purchase amount of KRW 30,00,00 for each of Plaintiff A, C, and H; and

B. On June 3, 2019, Defendant fishing village fraternity held a board of representatives to limit the members of Defendant fishing village fraternity to one person per household, and passed a resolution to withdraw from the remaining members of the fishing village fraternity (hereinafter “instant resolution”), and around June 14, 2019, Defendant fishing village fraternity notified the Plaintiffs who belong to the households with two or more members of the fishing village fraternity of the withdrawal of the members of the fishing village fraternity of “decision to withdraw from the membership of the fishing village fraternity” in accordance with the instant resolution.

9.(Qualification as a member of an association) Any member of an association who resides in an area of this fraternity may join the association.

Article 11 (Joining a fishing village fraternity) A person who intends to join the said fraternity shall submit an application for joining the attached Table to the head of the fishing village fraternity (hereinafter referred to as the "head of the fraternity"), along with any of the documents evidencing that he/she is a member, a certificate of membership, and other documents issued by the head of the

When the head of the fraternity receives an application for joining under paragraph (1), he/she shall refer the application to the general meeting to examine whether the member is qualified, and determine whether to approve the application.

This shall not refuse to join a person who is qualified as a fraternity without good cause, nor attach more unfavorable conditions than those of other fraternity members.

§ 16 (Withdrawal) Any member of the personnel shall be notified in writing of his intention to withdraw from this fraternity and may withdraw from the system.

An instructor shall be any of the following:

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