1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons why this court should explain this part of the basic facts are the same as the part of the '1. Basic Facts, etc.' among the reasons for the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the

2. The parties' assertion

A. The Plaintiff’s assertion D applied for the registration of a candidate for the election of the president of a cooperative by preparing and submitting a false sales performance document as if he produced and sold the crops with at least three million won, even though he did not sell them to the Defendant cooperative. The instant decision that decided D who is not an officer of the Defendant cooperative as the elected person is invalid due to a serious defect in violation of Article 56(1)12(a) of the Articles of association of the Defendant cooperative.

B. The Defendant’s assertion D: (a) cultivated poppy by leasing 491 square meters and J 3,678 square meters (hereinafter “K”) owned by H; (b) cultivated rice in its own land 2,849 square meters; (c) from February 21, 2018, which was one year before the date of the instant election; and (d) from February 20, 2019, from February 20, 2019 to February 20, 2019, the Defendant Union did not have any ground for disqualification as asserted by the Plaintiff.

3. Determination

A. Article 19(1) of the Agricultural Cooperatives Act provides that “A member shall be a farmer who has a domicile, residence, or place of business in the area of the National Cooperative.” Article 19(4) of the same Act provides that “The scope of farmers under paragraph (1) shall be prescribed by Presidential Decree.” Article 4(1) of the Enforcement Decree of the same Act provides that “A farmer who operates or cultivates farmland of at least 1,000 square meters ( Subparagraph 1), who is engaged in agriculture for at least 90 days during one year ( Subparagraph 2), or who cultivates hydrogen, fruit water, or flowers on farmland of at least 660 square meters ( Subparagraph 6).”

In this regard, farmers are provided with the O Association and the Enforcement Decree thereof.