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(영문) 창원지방법원 2016.03.31 2015가합32653
조합장당선취소 등
Text

1. The decision that the Defendant made C as the elected person of the partnership at the election of the president of the partnership held on March 11, 2015 is null and void.

Reasons

1. The summary of the instant case is that the Plaintiff is a farmer under the articles of incorporation of the Agricultural Cooperatives Act and the Defendant Union in the election of the president of the Defendant Union, which was conducted on March 11, 2015.

Since C, who is not qualified as a partner, was elected as the president of the partnership, the above election is a matter of seeking confirmation by asserting that it is invalid.

2. Presumption of premise;

A. The Defendant Cooperative is a local agricultural cooperative established under the Agricultural Cooperatives Act as the area of Kimhae-si D, E, F, G, H, and I.

B. On March 11, 2015, the Defendant Cooperative held an election of the president of the partnership upon the expiration of the term of office of the president of the association, and as a result, C was elected as the president of the partnership (hereinafter “instant election”).

[Ground of recognition] Facts without dispute, entry of Gap 1 (including provisional number), 2 and the purport of the whole pleadings

3. Relevant statutes and the articles of association of the defendant association concerning the relevant statutes and the provisions of the articles of association are as stated in the annexed statutes and articles of association.

4. 1) With respect to seeking confirmation of invalidity of the instant election by the Defendant Union against the Defendant Union, which the Plaintiff selected C as the principal of the instant association, the Defendant Union did not have the standing to seek confirmation of invalidity, as the Plaintiff was not a member of the Defendant Union. 2) In this regard, the lawsuit for confirmation requires the benefits of confirmation as a requirement for the protection of rights between the parties, and the benefits of confirmation are recognized as the most effective and appropriate means to remove the concerns and risks existing in the rights or legal status, and the person having the interest of confirmation is entitled to standing to sue.

Therefore, in order to seek confirmation of invalidity of the instant election against the Defendant Union, the status of the Defendant Union members should be the same.

3. In light of the following circumstances, the Plaintiff’s union on May 4, 197.

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