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(영문) 대구지방법원 2017.05.11 2016가합961

당선무효확인청구

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 Defendant Cooperative is a local agricultural cooperative established as a district of D members under the Agricultural Cooperatives Act.

B. On March 11, 2015, the Defendant Cooperative held an election for the president of the Defendant Cooperative (hereinafter “instant election”). Of the 1,477 members, 1,237 of the total number of the 1,477 members, C had obtained C’s 428 votes, the Plaintiff’s 407 votes, E’s 177 marks, F’s 163 marks, and G’s 62 marks.

C. Accordingly, the Defendant Cooperative decided and announced C as the elected person of the Defendant Cooperative on the same day.

Meanwhile, according to the Agricultural Cooperatives Act, the Enforcement Decree thereof, and the articles of incorporation of the defendant association, the members of the defendant association have the right to vote as the members at the time of the election, and the members of the defendant association shall be farmers who have a domicile, residence, or place of business in the district of the association. In this case, with respect to the scope of farmers, a person who manages or cultivates farmland of not less than 1,000§³, who installs a facility of not less than 330§³ in farmland, who cultivates horticultural crops, or who cultivates vegetables, trees, or flowerss in farmland of not less than 6

(The provisions of taxes are as shown in the Attachment). 【The ground for recognition has no dispute, entry of evidence Nos. 2 and 3, and the purport of the premise for pleading.

2. Determination:

A. The Plaintiff’s assertion reached 143 members of the Defendant Union, who were disqualified due to voluntary withdrawal or withdrawal from the board of directors’ resolution, through a fact-finding survey and qualification examination conducted after the instant election on March 11, 2015 (31 members who were suspected of being admitted to membership at the time of the investigation on actual condition around October 2015), and 23 members of H, H, I, J, K, L, M, N, N, P, P, Q, Q, Q, Q, T, U, V, W, X, X, Y, Z, AB, AB, AC, AC, and AD, including some of the members, who were admitted to be admitted to membership at the time of the instant election, notwithstanding the fact-finding survey conducted on October 2015.