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(영문) 인천지방법원부천지원 2016.07.13 2016가합100941

조합원지위확인청구의소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a regional livestock industry cooperative established under the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”), covering C, D, E, and F City under the Agricultural Cooperatives Act, and the Plaintiff is a person who has joined the Defendant Cooperative around April 7, 1987.

B. On March 11, 2015, the Defendant Mutual Association (1), on March 11, 2015, entered into an election for the president of the Mutual Association on March 11, 2015. Of 1,073 members registered on the elector’s list, 979 members participated in the voting, G 532 members and H 444 members were elected as the president of the Mutual Association. Accordingly, the Defendant Mutual Association decided G 2015 and 101466 members of the Mutual Association. 2) on April 8, 2015, H filed a lawsuit for the nullification of the election as the head of the Mutual Association, and this Court held on January 13, 2016, that “the foregoing election did not operate the livestock industry for which the first election has been closed for two years since 2013, 651 members of the Mutual Association did not participate in the voting, and that there was a serious illegality in the decision of the Defendant Mutual Association’s decision as the elected person.”

3) The Defendant Mutual Association, dissatisfied with the above judgment, appealed as Seoul High Court 2016Na200890. During the said appellate trial, the elected G resigned from the president of the Defendant Mutual Association on April 21, 2015, and the director I was appointed as an acting director for the president of the Mutual Association. (C) The Defendant Mutual Association held a provisional director meeting on April 27, 2016 to implement a special election for the president of the Mutual Association (hereinafter “instant special election”), and entrusted the instant election management to the J Election Commission, a Korean affiliated agency (hereinafter “J Election Commission”).

2) On May 3, 2016, the Plaintiff filed a candidate registration to close to the instant election, and G also filed a candidate registration on May 4, 2016.