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(영문) 광주지방법원 2019.07.11 2018가합58443

계원지위확인 및 선거무효확인

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1. The part of the Plaintiff’s claim for confirmation of the status of a fraternity member among the lawsuits against Defendant B fishing village fraternity and the lawsuit against Defendant C respectively.

Reasons

1. Facts of recognition;

A. Defendant B fishing village fraternity (hereinafter “Defendant B fishing village fraternity”) is a fishing village fraternity established under Article 15 of the Fisheries Cooperatives Act with its territory as its members located in Young-gun D pursuant to Article 15 of the same Act, and is recognized as Defendant B fishing village fraternity’s membership in the E-cooperative (hereinafter “E”).

B. On April 24, 2013, at the Assembly of the Republic of Korea, the F appointed Defendant C as an executive secretary during the process of performing his/her duties by being elected as the chief of the fishing village fraternity, and as a result, F was unable to perform his/her duties as the chief of the fraternity and became vacant, E did not set a separate term of office on July 28, 2016, but appointed the Plaintiff as the chief of the temporary library.

C. On February 14, 2018, the Plaintiff resigned from the temporary guidance, and E, on March 13, 2018, appointed G as a temporary guidance site by setting the term of office from that date until April 12, 2018.

G At the special meeting for the election of the chief of fishing village fraternity held on April 5, 2018, H was commissioned respectively as the chairperson of the election management committee by the I, J, F, and K as election management members, from the special meeting for the election of the chief of fishing village fraternity.

(Election Commission No. 1). (e) An election commission composed of commission commission as above shall be deemed to be an election commission.

On April 15, 2018, the 27 members of the Defendant fishing village fraternity, whose term of office of the G’s temporary president expires, elected G as the representative of the members of the fishing village fraternity on the basis of Article 24(1)2 of the Articles of Incorporation of the Defendant fishing village fraternity (hereinafter “instant Articles of Incorporation”). Following the convocation of G, a resolution was passed to determine the election day of the chief of the fishing village fraternity on August 2, 2018 at the special meeting for the decision on the election day of the chief of the fishing village fraternity held on July 10, 2018, and to determine the total members of the Defendant fishing village fraternity as 78.

F. On July 13, 2018, the election commission of the first election commission announced the Defendant fishing village fraternity’s election (on the election day: August 2, 2018) on July 13, 2018, publicly announced that L and the Plaintiff registered as a candidate on July 24, 2018, and thereafter, on August 2, 2018, the election commission announced the elected person to the effect that the Plaintiff was elected without voting due to the resignation of L’s candidate.

(g)...