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(영문) 대구지방법원 2019.09.26 2018가합203733
조합원 가입 승낙의 의사표시 등 청구
Text

1. The defendant expresses his/her intention to accept the plaintiff as a member of the defendant.

2. The defendant.

Reasons

1. Basic facts

A. 1) The Defendant is a regional cooperative established with the North Korean territory located in Daegu-gu Seoul Metropolitan City as a district pursuant to the Ccooperative Act. 2) The Plaintiff is a farmer who has resided in the Defendant’s Dong-gu Northbuk-gu D apartment and E, which is located in the Defendant’s jurisdiction from February 2, 2008. The Plaintiff is a farmer who sets up a fruit farming house at 714m2,000 square meters from the Daegu-gu Seoul Metropolitan City F. 1,428m2.

B. On December 22, 1998, the Plaintiff applied for membership with the Defendant on December 22, 1998, and obtained approval from the Defendant to join the partnership on December 28, 1998, and was elected from the Defendant’s election for the president of the partnership on March 18, 2015. 2) The Plaintiff: (a) against the Defendant, the Plaintiff: (b) was a person who was disqualified for membership by reporting his/her false residence certificate at the time of initial membership; and (c) was a person who was not eligible for membership by reporting his/her false residence certificate at the time of initial membership; and (d) was a person who was not eligible for membership after the first membership from the time of initial membership until the election of the head of the partnership; (b) filed a lawsuit seeking nullification of the election for the president of the partnership on the ground that the decision made by the Defendant as the elected person was in violation of the relevant Act and subordinate statutes; and (c) filed an application for nullification of a provisional disposition seeking suspension of the performance of duties.

(C) On March 17, 2016, the appellate court reversed the judgment of the first instance court and rendered a judgment that accepted the claim of G and H on January 19, 2017, on the ground that “the plaintiff was forced to withdraw from the defendant around 2007 and is not a member of the defendant at the time of the above head of the partnership, and the decision that decided the plaintiff as the elected person in the election of the head of the partnership was null and void” (Seoul High Court 2016Na21941).

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