자격상실 및 비상임이사 해임처분 무효확인
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
A. The Defendant is a non-standing director of the Defendant’s association established pursuant to the Agricultural Cooperative Act with the aim of enhancing the agricultural productivity of its members, promoting the expansion of markets for agricultural products produced by its members and the facilitation of their distribution, and providing technical, financial, material, and information necessary for its members to improve the economic and cultural status of its members.
B. On March 24, 2013, the Plaintiff resided in Ansan-si apartment E, and completed the move-in report with the wife H on June 21, 2013, and completed the move-in report with respect to the instant apartment on June 21, 2013. On June 30, 2017, the Plaintiff completed the move-in report with the Defendant J and the fourth floor (hereinafter “the first domicile”) during the period in which the Plaintiff was affiliated with the Defendant and the first domicile in the instant apartment and the Plaintiff went to and from the Defendant on August 13, 2019, and completed the move-in report with respect to the instant apartment on July 29, 2019, the Plaintiff entered into the move-in report with the Defendant on July 20, 201 and entered into the move-in report with the Defendant on July 24, 2019 and entered into the move-in report with the Defendant on July 20, 2019.
(c)
After completing the fact-finding survey by December 31, 2019, on January 15, 2020, the Defendant informed the Plaintiff that “the Plaintiff was disqualified for membership due to the Plaintiff’s failure to reside in the Defendant’s territory” (hereinafter “the instant resolution”), and on the same day, notified the Plaintiff that “the Plaintiff was dismissed from membership due to the Plaintiff’s disqualification, and was dismissed from membership as a non-standing director due to the Plaintiff’s withdrawal from membership” (hereinafter “the instant notification”).
Acts and subordinate statutes concerning the qualifications of association members and the articles of incorporation of the defendant are as follows:
Article 19 (Qualification of Members) of the Agricultural Cooperative Act shall be farmers who have their domicile, domicile, or place of business in the area of the C Union, and at least two persons.