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1. As to real estate listed in Attachment 1:
A. The gift contract entered into on August 1, 201 between the Defendant and C is a donation contract.
Reasons
1. Facts of recognition;
A. The Plaintiff is a local agricultural cooperative established under the Agricultural Cooperatives Act on January 3, 2002, and C works as the head of the Plaintiff’s cooperative from March 10, 2010 to September 1, 2013, and the Defendant is C’s wife.
B. (1) On January 6, 2016, in the case of violation of the Agricultural Cooperatives Act (Act No. 1256, Mar. 1, 2016), the facts related to the preserved claim (1) C was sentenced to imprisonment for ten months with prison labor for the following facts constituting the following crimes, and the Gwangju District Court appealed as 2016No180, but was sentenced to the same punishment as the lower court on July 20, 2016, and the said judgment became final and conclusive on July 28, 2016.
(A) According to Article 35 of the Agricultural Cooperatives Act and Article 37(1)8(a) of the Plaintiff’s Articles of association, matters concerning the formulation of a business plan and the compilation of a budget for revenue and expenditure should undergo a resolution by a general meeting.
Plaintiff
In 2009, the partnership did not have compiled the budget for the business of selling the 2010s, including the 2010 business plan and the 2010s project plan and the 2010s project plan.
Nevertheless, from July 6, 2010 to December 27, 2010, 2,676,824,000 won was disbursed without the resolution of the general meeting while running the business of selling collection and distribution.
Accordingly, the budget was executed without the resolution of the general meeting.
(B) According to Article 35 of the Agricultural Cooperatives Act and Article 37(1)8(a) of the Plaintiff’s Articles of association, matters concerning the additional compilation of the budget for total expenditures incurred after the determination of the budget for total expenditures incurred due to the reasons arising from the determination of
1. The Plaintiff Union related to the business plan and the revenue and expenditure budget in 2010 set up a budget of KRW 2,400,000 for the revolving the establishment of the “business plan and revenue and expenditure budget in 2011” through a resolution of the general meeting around the end of 2010.
Nevertheless, the discharge remains from January 10, 201 to December 30, 201.