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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 FF Cooperative established in Naju-si, Jeju-si, and E-dong in accordance with the Agricultural Cooperatives Act, and the Plaintiff was a member of the Defendant Cooperative, who was selected as a candidate for the president of the Cooperative on March 13, 2019 (hereinafter “instant election”).
B. Around September 14, 2018, the instant election day, which was the day before September 14, 2018, the Defendant Union conducted a fact-finding survey on cooperative members in 2018, and confirmed the electoral register. Of 1,380 union members, 1,293 members, who were determined by the elector, participated in voting, and C was determined and announced as the elected person as the president of the Defendant Union, pursuant to C’s 648 votes and the Plaintiff’s 639 votes (6 marks of invalid votes and 87 marks of votes).
C. The statutes and the articles of incorporation of the Defendant regarding the instant election are as follows.
The Agricultural Cooperatives Act (hereinafter referred to as the “instant Act”).
(1) Article 19 (Qualifications for Members) (1) of the Act is to be a farmer who has an address, domicile, or place of business in the area of a regionalF association, and shall not be admitted to two or more regionalF associations.
(4) The scope of farmers under paragraph (1) shall be prescribed by Presidential Decree.
Article 29 (Withdrawal) (2) In cases where a member falls under any of the following subparagraphs, he/she shall automatically withdraw:
1. Where a person is not qualified as a member, the Enforcement Decree of the Agricultural Cooperatives Act (hereinafter referred to as the "Enforcement Decree of this case");
(1) The scope of farmers who meet the requirements for membership of a regionalF association under Article 19(1) of the Act shall be as follows:
1. A person who manages or cultivates farmland of not less than 1,00§³;
2. A person engaged in agriculture for at least 90 days a year;
3. 누에씨 0.5상자[2만립(粒) 기준상자]분 이상의 누에를 사육하는 자
4. A person who raises livestock above the standards specified in attached Table 1, and other livestock defined in subparagraph 1 of Article 2 of the Livestock Industry Act, and the Minister of Agriculture, Food and Rural Affairs.