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(영문) 대전지방법원 2016.04.20 2015가합104200

조합장선거 등 무효확인

Text

1. Ascertainment that an election of the president of an association held by the Defendant on March 11, 2015 is invalid.

2. The plaintiff's remaining claims.

Reasons

Based on the facts, the plaintiff and the defendant are local agricultural cooperatives whose area covers Chungcheongnam-nam Do-Eup, E, F, G, and H members established under the Agricultural Cooperatives Act, and the plaintiff is the defendant's member.

On March 11, 2015, the Defendant, which held the Defendant’s election of the president of the partnership (hereinafter “instant election”), decided I as the elected person.

On May 22, 2015, the personnel recommendation committee of the defendant union to elect the standing director of the defendant union decided C as a person subject to recommendation of the standing director, and thereafter, the fifth board of directors of the defendant union (hereinafter referred to as the "Fifth board of directors") decided to approve C as a person subject to recommendation of the standing director in accordance with the affirmative votes 9, opposing 4, and 1 vote, including the chairperson.

On June 11, 2015, the General Assembly of the Defendant Union elected C as a standing director.

[Ground of recognition] A without dispute, Gap evidence 1, Eul evidence 6, Eul evidence 6, Eul evidence 11, Eul evidence 11, the whole purport of the pleading, and the plaintiff I's claim for confirmation of invalidation of an election for the president of a cooperative as of March 11, 2015, is not a farmer, and therefore, the plaintiff I is not a member of the defendant's association.

The election of this case, which the I decided as the elected person of the partnership, shall be null and void.

Defendant I, on February 21, 201, lost his share in relation to his co-ownership of 2,169 square meters in Chungcheongnam-Nam J (hereinafter “J land”), but he owned the land of 2,985 square meters in Chungcheongnam-Nam, which is farmland, and cultivated crops. Defendant I was “M land of 1,451 square meters or less before Chungcheongnam-Nam M. (hereinafter “L land”).

From the spring of spring of spring of 2012, I have been managing the land reserved for ginseng planting. There is no problem with I’s qualification for membership. Article 19 (Qualification for Membership) of the relevant laws and regulations of the Defendant’s Articles of Incorporation and the Articles of Incorporation. ① Members are addresses, addresses, and residence (the place of business shall be a farmer having his/her residence) in the area of a local agricultural cooperative, and shall not be admitted to two or more local agricultural cooperatives.

(4) The scope of farmers under paragraph (1).