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(영문) 수원지방법원여주지원 2019.12.11 2019가합10391

조합장선거무효확인의 소

Text

1. In an election of the president of a partnership held by the Defendant on March 13, 2019, the decision that the president of the partnership made C as the elected person is null and void.

Reasons

1. Basic facts

A. The status of the party is that the defendant union is established with the establishment of the two-year members of the two-year members, and the plaintiff is a member of the defendant union.

B. Around March 13, 2019, the Defendant Mutual Association held an election for the president of the Defendant Mutual Association (hereinafter “instant election”), and 1,861 of the 2,110 members listed on the electoral registry, participated in the voting, thereby obtaining C’s 693 votes and 584 votes from among the candidates for the president of the Mutual Association, and the Defendant Mutual Association decided C, the multiple voters, as the elected person of the president of the Mutual Association.

(c) The main contents of the relevant statutes and the articles of association of the defendant association are as shown in attached Form.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, 13, 14; Eul evidence Nos. 2 and 3; Eul evidence Nos. 2 and 3 (including branch numbers; hereinafter the same shall apply); the court's fact inquiry and reply to the election commission of Yang-si; the purport of the whole pleadings;

2. Summary of the parties' arguments

A. According to Articles 29 and 105 of the Plaintiff E Act (hereinafter “E Act”) and Articles 9 and 11 of the Articles of Incorporation of the Defendant Union, a member who does not engage in livestock farming business with his domicile, domicile, or place of business in the area of the Defendant Union naturally withdraws from the Defendant Union. Of the 2,110 members listed on the electoral registry at the time of the instant election, 1,379 members Gap 6, 25-17 (the draft notice of convening a temporary board of directors of the Defendant Union as of January 30, 2019), 1,379 (or at least 1,111 members, at least 1,111 members, ordered to be arranged as a non-qualified member on January 1, 2019) are non-qualified members.

Therefore, the decision on the elected person in the election of this case is to seek confirmation that the decision on the elected person in the election of this case is null and void, or to revoke the decision on the elected person by the election of this case.