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(영문) 대전지방법원 2014.12.11 2013가합6586

조합장선거무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The defendant is the product partnership that covers C and Chungcheongnamnam D, E, and F in accordance with the Agricultural Cooperatives Act, and the plaintiff is the defendant's member.

On January 11, 2010 based on the fact-finding survey in 2009, the Defendant held an election for the president of the association on January 11, 201. The candidate G elected as the president of the association and the candidate H obtained 618 votes and 298 votes, and the candidate H obtained 320 votes among the candidates.

On June 11, 2012, the Plaintiff filed a lawsuit against the Defendant seeking confirmation that an election of the president of an association held on January 11, 2010 is null and void ( Daejeon District Court 2012Gahap6350, hereinafter “prior action”).

After the above election, the Plaintiff lost 303 members as a result of the fact-finding survey in 201. Among them, 231 members participated in the above election, and 209 members were 147 members who were disqualified after the fact-finding survey in 201, and 130 members among them participated in the above election. Thus, the Plaintiff asserted that at least 361 members were disqualified (i.e., 231 members) participated in the election on January 11, 2010, and requested the Defendant to issue an order to submit documents related to relevant materials.

The above court accepted the plaintiff's application to submit documents, and ordered the defendant to submit evidentiary documents attached to the farmland ledger and the report at the time of the investigation into actual conditions of association members in 201, and the defendant did not submit the above documents.

Accordingly, on June 13, 2013, the above court accepted the Plaintiff’s assertion and sentenced the judgment citing the Plaintiff’s claim pursuant to Article 349 of the Civil Procedure Act, and the above judgment became final and conclusive on June 26, 2013 upon the waiver of the appeal by the Defendant.

The Defendant completed the fact-finding survey of 2013 for 724 members from April 2, 2013 to May 3, 2013 on the fact-finding survey of 2013 for 724 members.

(b) Fact-finding surveys;