logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.01.18 2016나500
당선무효확인
Text

1. At the request of the Plaintiff for a change in exchange at the trial, the election of the president of the partnership held by the Defendant on March 11, 2015.

Reasons

1. Basic facts

A. The defendant is a local agricultural cooperative established under the Agricultural Cooperatives Act.

On March 11, 2015, the Plaintiff was running for the defendant's union president election implemented on March 11, 2015 as the defendant's member.

B. On April 15, 2014, between June 30, 2014 and June 30, 2014, the Defendant investigated the actual condition of members (i.e., 1,512 members of the previous association - 1,575 members of the newly admitted association - 2 members of the newly admitted association - 64 members) and made a resolution on July 30, 2014 to confirm that he/she is qualified as a member of the association (hereinafter “instant investigation results”) by holding a meeting of the board of directors and confirming that he/she is qualified as a member of the association (hereinafter “instant resolution by the board of directors”).

C. On February 19, 2015, the Defendant publicly announced an election of the head of the association, and made a list of 1,513 members of the association (BK became its members upon approval of the board of directors on August 27, 2014) who were confirmed to be qualified by the said resolution, on February 24, 2015, and confirmed on March 1, 2015, the electoral register (A evidence 2-2; hereinafter “instant electoral register”).

On March 11, 2015, the Defendant entrusted the instant election of the president of an association (hereinafter referred to as “instant election”) to the Do election commission of Daegu Metropolitan City.

The election of this case was run by the plaintiff, N, AO, and AP, and 1,341 of the 1,513 members registered in the electoral register participated in the voting. As a result, N is 370 votes, AO is 366 votes, the plaintiff 335 votes, and AP is elected as the head of the association.

E. The statutes and the articles of incorporation regarding the election of this case are as stated in the relevant statutes and articles of incorporation.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-2, 3-2, 9-1, 2, Eul evidence 1-4 and the purport of the whole pleadings

2. At least 67 of the 1,513 members of the Defendant’s association recorded on the instant electoral register of the Plaintiff’s assertion are the Defendant.

arrow