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(영문) 대구지방법원 2019.10.24 2019구합21568
조합 해산 신고수리처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B (hereinafter “the instant association”) is a cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act (hereinafter “Act”) for the purpose of carrying out collaborative projects by promoting sound development of photographic and printing business for production and promoting mutual welfare among its members, using Daegu Metropolitan City as its business area. The Plaintiff is a member of the said cooperative, who was in the position of president.

B. On November 19, 2018, D sent a written request for convening an extraordinary general meeting, signed or sealed by 22 members, including cooperative members, from November 7, 2018 to December 3, 2018, to the instant association, on behalf of one’s own and 37 members, on behalf of the president of the instant association, for the recommendation for the improvement of executive officers and the correction and dissolution of the association resulting from the audit of civil petitions by E organizations. D sent a written request for convening an extraordinary general meeting signed or sealed by 22 members, including cooperative members, from November 7, 2018 to December 3, 2018.

Accordingly, on December 31, 2018, the Plaintiff announced the convocation of an extraordinary general meeting. On January 8, 2019, around 18:00, 32 members, including four written resolution from among 57 members, were present at the conference room of 50 Dong-gu, Daegu-gu, 550 Dong-gu, Daegu-gu, 104, 104, and held an extraordinary general meeting. D, while performing the chair’s duties, passed a resolution on the dismissal of the president, the removal of all executives, including the auditor, and the dissolution of the partnership recommended by the E organization.

(hereinafter “First General Meeting of this case”)

D In accordance with the above resolution of dissolution, the Defendant reported the dissolution of the instant association to the Defendant, but on January 18, 2019, rejected the above report of dissolution at the first general meeting of the instant case on the ground that “A general meeting may only make a resolution on the matters notified in advance to each member, but did not make a prior notification, and violated Article 48(3) of the Act by making a resolution on the dissolution of the association.”

D, upon correcting the submitted documents, etc., reported the dissolution of the instant association to the Defendant again.

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