logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2015.12.10 2015가합324
총회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an agricultural partnership established on December 27, 2006 in order to improve the productivity of agriculture and increase the income of its members based on the former Framework Act on Agriculture and Rural Community (wholly amended by Act No. 8749, Dec. 21, 2007; hereinafter “Act”).

B. The main contents of the relevant statutes and the Defendant’s articles of incorporation are as follows.

[Act] The definitions of terms used in this Act are as follows:

2. The term “farmer” means a person engaged in the agriculture, who meets the standards as prescribed by the Presidential Decree;

Article 15 (Promotion of Agricultural Partnership) (1) Farmers who intend to enhance productivity through collaborative agricultural management, and jointly carry out, process, export, etc. of agricultural products may establish an agricultural partnership with five or more members.

(3) Members of an agricultural partnership shall be those prescribed by the articles of association from among farmers and agricultural products producers' associations, and those who are not members of the partnership as prescribed by Presidential Decree may invest in the agricultural partnership and become quasi-members with no voting rights.

[The former Enforcement Decree of the Framework Act on Agriculture and Rural Community (wholly amended by Act No. 20854, Jun. 20, 2008; hereinafter referred to as the "Enforcement Decree") is only the same.

[3] For the purpose of subparagraph 2 of Article 3 of the Act, the term “person who meets the criteria as prescribed by the Presidential Decree” means a person who falls under any of the following subparagraphs:

1. A person who manages or cultivates farmland of not less than 1,00 square meters (excluding farmland attached to an agricultural or fishing village house, etc. sold or leased by a non-farmer referred to in Article 83 (1) 2 of the Rearrangement of Agricultural and Fishing Villages Act);

2. A person whose annual sales of agricultural products through agricultural management are at least one million won;

3. A person who is engaged in agriculture for at least 90 days a year [the defendant's articles of incorporation] Article 8 (Qualifications for Members) of the incorporated association shall be as follows:

arrow