1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The status of the parties is that the Defendant Cooperative is a member of the business zone in Cheongju-si, and is a local agricultural cooperative established with farmers residing in Cheongju-si for the purpose of expanding the markets for agricultural products and promoting the distribution source. The Plaintiff is a member of the Plaintiff, who participated in the instant election conducted by the Defendant Cooperative as a candidate for the president of the Cooperative.

B. On March 11, 2015, the Defendant Mutual Association held the instant election on March 11, 2015, and decided C, the largest winner, as the elected person of the president of the Mutual Association, as the elected person of the Mutual Association.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Under the gist of the Plaintiff’s assertion, it is reasonable that the Defendant Union decided C as the elected person, although C is not eligible for election as the president of the partnership.

1) C is not eligible for election as the head of the association, as a person who operates the gas station leasing business in substantial competition with the Defendant association. 2) C is not a “farmer” as of the date of the public announcement of the election day because it is not a “farmer”, such as not managing or cultivating farmland of not less than two years but not less than 1,000m2 as of the date of public announcement of the election day

B. Whether C is operating a business in substantial competition with the business of the Defendant Cooperative or not, the contents of the relevant provisions of the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”).

Article 45 provides for the president, directors, and auditors as executive officers of regional agricultural cooperatives, and Article 52(4) provides that "no person who operates or is engaged in any business in substantial competition with the projects of local agricultural cooperatives shall become an executive officer, employee, or representative of local agricultural cooperatives."

Article 5-3 and attached Table 2 of the Enforcement Decree of the Agricultural Cooperatives Act stipulate the scope of the above "business in substantial competition" and subparagraph 11 stipulates "petroleum retail business under the Petroleum and Petroleum Substitute Fuel Business Act."

The articles of association of the defendant association shall be registered as candidates in Article 69.