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(영문) 울산지방법원 2019.09.05 2019가합209
조합원지위확인
Text

1. The plaintiff is the defendant's member.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is a cooperative under the Forestry Cooperatives Act, the area of which is three members, and the Plaintiff was a member of the Defendant, who owned the land for E farm from December 7, 2012 to 183,867 square meters (hereinafter “instant land”).

B. However, on November 30, 2018, the board of directors passed a resolution to deprive the Plaintiff of the Plaintiff’s membership on the ground that the instant land cannot be deemed as a forest, and that the Plaintiff was not a forest owner, who is a qualification for the Defendant’s membership.

C. The part related to the instant case in the Forestry Cooperatives Act, the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”), the Enforcement Decree of the Forest Resources Act, and the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) are as follows.

◆ 산림조합법 제2조 (정의)

5. The term "forest" means a forest defined in subparagraph 1 of Article 2 of the Forest Resources Act;

7. The term "forest owner" means a person who owns a forest with legitimate title thereto;

Article 18 (Qualification, etc. for Membership) (1) A regional cooperative shall be comprised of members falling under any of the following subparagraphs:

Provided, That a member may not become a member of at least two regional associations.

1. A forest owner who has a domicile or forest in the relevant district;

2. 해당 구역에 주소 또는 사업장이 있는 임업인 ◆ 산림자원법 제2조 (정의)

1. The term "forest" means any of the following:

Provided, That this shall not include farmland, grassland, housing land, roads, and other land prescribed by Presidential Decree, standing timber and bamboo, and such land.

Standing trees, bamboo, and their land collectively growing;

(b) Land on which standing timber and bamboo that had been collectively cut out;

(c) Land used for collectively growing standing timber and bamboo;

(d) Roads built for the management and administration of forests;

(e) Rocks and small sites, marshes, and marshes in the land referred to in items (a) through (c);

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