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(영문) 창원지방법원밀양지원 2020.02.14 2019가합10117
조합장선거무효확인 등
Text

1. Ascertainment that the Defendant’s election of C following the election of the president of the partnership held on March 13, 2019 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is the E-Union established under the Agricultural Cooperatives Act with the area of Dolyang-si as the area of Dolyang-si, and the plaintiff is the defendant's member.

B. In order to conduct the instant election, the Defendant entrusted the affairs of election for the president of the association to the Ganyang-si Election Commission, and the Ganyang-si Election Commission prepared the electoral register from February 22, 2019 to February 26, 2019, and finalized the electoral register on March 3, 2019.

C. At the instant election, 1,360 of the 1,574 members, who were listed on the electoral register, participated in the voting (including the 7 marks of invalidation), and C obtained 715 marks and F 638 marks, respectively, and elected 77 lanes C was elected as the head of the partnership.

Members of the Agricultural Cooperatives Act Article 26 (Voting Rights and Elections) shall have equal voting rights and suffrages, regardless of their amount of investment, and of their appropriateness.

In such cases, the right to vote may be exercised only by a person who has joined the relevant union as a member by 180 days before the expiration date of the term of validity of the special election (in cases of the special election, the date on which the

Article 62 (Voting) (1) of the Defendant’s Articles of Incorporation means a person who has a suffrage and is listed on the electoral register.

(2) A cooperative shall prepare a list of electors as of the date of public announcement within five days from the day after the public announcement of an election.

(Sicker omitted)

D. Acts and subordinate statutes relating to the instant case and the articles of incorporation of the Defendant are as follows:

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Even according to the Defendant’s self-audit result, it was confirmed that 171 of the Defendant’s members who participated in the election of this case among the Defendant’s members who participated in the election of this case is not eligible as a member. As such, the voting by a non-qualified member exceeding the number of votes obtained by C and F (77 marks) is affected by the result of the election of this case

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