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(영문) 의정부지방법원 2016.09.23 2015가합4594
조합장선거무효확인
Text

1. Ascertainment that an election of the head of an association held by the Defendant on March 11, 2015 is invalid.

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

Reasons

1. Basic facts

A. The Defendant is a regional livestock industry cooperative established by the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”) and covering C, D, E, F, Gwon and Seoul H, I, J, K, L, M, N, and O members, and the Plaintiff is a member of the Defendant Cooperative.

B. A final determination of the electoral registry is as from April 1, 2014 to the same effect as the Defendant.

D. By June 30, 300, the first member conducted the fact-finding survey of the first member (hereinafter “fact-finding survey of the first member”). As a result of the survey, 459 members did not raise livestock at all, and 114 members raised livestock in number that did not meet the standards, such as Article 10 of the Enforcement Decree of the Agricultural Cooperatives Act.

2) The defendant, subject to the above 573 persons ( = 459 livestock-free members less than 114 members less than 459), shall investigate the status of the second members, investigate the status of the third members (hereinafter "the second status investigation of this case"), and "the third status investigation of this case".

In each of the above investigations, 355 members of the association, who were revealed to be in suspension of business, submitted to the Defendant Union a certificate of two-scale plan to the effect that they will re-satisfy within a certain period of time and would not raise an objection against the withdrawal from the association if they do not do so within that period. The board of directors of the Defendant Union prepared a certificate of two-year plan with respect to the members, etc. who submitted the certificate of two-year plan as above as a result of the second and third fact-finding survey on February 13, 2015, the board of directors of the Defendant Union decided that 23 members, etc. (15, 6, 1, 1, 1, 1, 1, 2000) including the association members who expressed their intention of withdrawal. 3) The Defendant completed the electoral register with respect to the Defendant’s members, which was recorded on February 20, 2015 through February 24, 2015.

C. The Defendant’s election of the president of the cooperative (hereinafter “instant election”) held on March 11, 2015.

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