조합장당선무효확인 등 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The facts below the facts of recognition do not conflict between the parties, or recognize as a whole the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 2, 3, 5 and Eul evidence Nos. 2 (including each number; hereinafter the same shall apply).
The defendant is a local agricultural cooperative whose district covers Chungcheong Do Council members established under the Agricultural Cooperatives Act.
B. On February 19, 2015, the Defendant publicly announced an election of the president of a cooperative, and prepared and finalized an electoral registry on February 24, 2015, as of September 21, 2014, as of September 21, 2014, 180 as of September 21, 2014, which was 180 days before the expiration date of the C’s 1,785 union members (hereinafter “instant electoral registry”).
C. On March 11, 2015, the Defendant held an election of the president of an association (hereinafter “instant election”), and the Plaintiff and C were run for each of the Defendant’s members.
In the election of this case, 1,534 of the 1,767 persons listed on the electoral register participated in the voting. The plaintiff obtained 570 votes, and C obtained 581 votes, and C was elected at the head of the partnership due to differences in 11 votes.
The relevant provisions of statutes and articles of incorporation related to the election of this case are as shown in attached Form 2.
2. Determination
A. Of the 1,767 members registered on the instant electoral register of the Plaintiff’s assertion, at least 75 members listed on the attached list No. 1 do not exist in the farmland ledger, or are not eligible for membership due to the lack of domicile or domicile in the Defendant’
The difference between the number of votes obtained by the highest winner and the plaintiff, who is the next highest winner, has influenced the result of the election of this case, which is merely 11.
Therefore, C's election in the election of this case is primarily null and void, and it must be revoked as preliminary.
B. The Plaintiff is one of the requirements for the extinguishment of rights and legal relations that a member of an agricultural cooperative is not qualified under the Enforcement Decree of the Agricultural Cooperatives Act.