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(영문) 광주지방법원 2016.09.09 2015가합1958
조합장당선무효확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant Cooperative is a local agricultural cooperative established with the area of the Dogwon in the Jeonsung-gun, Jeonsung-gun under the Agricultural Cooperatives Act, and the Plaintiff is a member of the Defendant Cooperative.

B. On March 11, 2015, the Defendant decided C as the elected person (hereinafter “instant decision”) by holding an election for the president of the partnership (hereinafter “instant election”), and as the elected person (hereinafter “instant decision”).

C. The provisions pertaining to this case, including the articles of incorporation of the defendant association, are as shown in the attached Form.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff C was unable to meet the requirements for membership under Article 4(1) of the Enforcement Decree of the Agricultural Cooperatives Act at the time of the transfer of the instant election or the election, and thus, C was determined as the elected person by the president of the instant election even though he was not a member of the Defendant Cooperative, even though he did not manage or cultivate farmland of not less than 1,00§³ (No. 1); (2) was not engaged in agriculture for not less than 90 days in one year (No. 2); and (6) was not engaged in farming (No. 6) in farmland of not less than 660§³ (No. 6). Therefore, the instant decision was null and void.

B. Defendant C is a member of the Defendant Union at the time of the instant election transfer or election, and the instant decision is lawful and effective.

3. Determination

A. 1) The relevant legal doctrine 1) If a member of the Agricultural Cooperatives Act has a reason to automatically withdraw, he/she is naturally disqualified as a matter of course, and the confirmation by the board of directors is merely for the convenience and consistency in the management of affairs, and does not mean that the member’s qualification is maintained as it is on the ground that the confirmation is not made (see, e.g., Supreme Court Decision 2009Da91880, Sept. 30, 2010). Meanwhile, in light of relevant statutes and the provisions of the articles of association of the Defendant Union, the issue of qualification for a member is about the association’s autonomy, and the

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