조합장선거무효확인의 소
1. In an election of the head of a partnership held by the defendant on March 13, 2019, the decision that the elected person C shall be deemed null and void.
2...
Facts of recognition
The defendant is a cooperative incorporated under the Agricultural Cooperatives Act (hereinafter referred to as the "Agricultural Cooperatives Act") with the whole area of Leecheon-si, and the plaintiff is a member of the defendant's association.
On March 13, 2019, the Defendant carried out an election for the president of the partnership (hereinafter referred to as “instant election”), and 973 of the 1,053 members registered on the electoral registry participated in the voting.
As a result of voting C 363 votes, the plaintiff 326 votes, E 197 votes, and F 84 votes, respectively, and the defendant decided C as the elected person of the partnership head.
The main contents of the relevant statutes and the defendant's articles of incorporation are as shown in attached Form 1.
[Reasons for Recognition] Facts without dispute, Gap Nos. 1 and 2, Eul evidence No. 7 (including a branch number), and 59 of the members who participated in the election of this case in the plaintiff's assertion of the purport of the whole pleadings, among the members of the plaintiff's assertion of the purport of the whole pleadings, are disqualified or cannot be acknowledged as a member's qualification presumption based on
In other words, the 59 members were automatically withdrawn from the cooperative in accordance with the relevant laws, such as the Agricultural Cooperatives Act, and the defendant's articles of association, because they did not manage the livestock industry since 2015 as stated in the column of "the fact-finding survey of the members of the cooperative in 2015-201
Therefore, the decision on the elected person of the instant election is invalid, as there is a serious illegal cause for an unqualified member to participate in the voting, in the instant election.
The defendant's assertion that the plaintiff is an unqualified member cannot be deemed to have been automatically withdrawn from the association member.
Even if the above 59 persons were automatically withdrawn, the fact-finding survey conducted by the defendant in 2018 and the re-admission procedure against the above 59 persons on September 19, 2018, as a procedure for verifying the qualification of a member of the board of directors.
Therefore, the above 59 persons are not disqualified members.
Even if there are procedural defects in the above 59 persons who had gone through the procedure of identifying the membership of the board of directors without going through the procedure of joining, the above procedure is in line with the procedure.