조합장선거당선무효확인등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The parties concerned are cooperatives established pursuant to the Fisheries Cooperatives Act for the purpose of expanding the fishery productivity and the fishery products market by making the members of Chungcheong G group (excluding H), I group, and J-si as regions of Chungcheongnamnam G group (H).
The Plaintiffs, as the Defendant’s members, went out as a candidate for the president of the cooperative at the second time on March 13, 2019, which was implemented on March 13, 2019 (hereinafter “instant election”); and Nonparty F is a person who was elected as the head of the Defendant’s association from the instant election.
B. The result of the election counting of this case is as follows:
(1) According to Article 27 of the Fisheries Cooperatives Act, the right to vote of a member of a cooperative may be exercised only by the person who has joined the relevant cooperative by 180 days before the expiration date of the term of office of the member. The election was held on the basis of the list of members, which was made on September 21, 2018, from March 20, 2019, before the expiration date of the term of office of the former president, from March 20, 2019. The number of votes obtained by each candidate (%) 1,234, 2375 CF AD B, 835 C, 253 (14.30) 253 (29.18) 23 (26.87) 120 (13.84) 137 (15.80) 867).
C. Qualification, joining, withdrawal from office, prohibition of concurrent holding by executives and employees of a cooperative, the Fisheries Cooperatives Act on election of president of a cooperative, the Enforcement Decree of the same Act, and the contents of the defendant's articles of association are as stated in the attached statutes and the articles of association
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 13, 14, Eul evidence No. 7 (including the number of pages; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiffs' assertion 1) The first argument of the Fisheries Cooperatives Act (hereinafter "the Suhyup Act")
Pursuant to Article 31 (2), a member of the cooperative shall automatically withdraw from the cooperative without additional procedures if a certain reason arises, such as where he/she is not qualified as a member or a member dies.
Article 31. of the Suhyup Act.