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(영문) 서울고등법원 (인천) 2021.01.14 2020나11450
조합장 선거 무효 등 확인의 소
Text

The defendant's appeal is dismissed.

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

The purport of the claim and the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance (from No. 2 of the judgment of the court of first instance to No. 11 of the judgment of the court of first instance to No. 21 of the judgment). Thus, the reasoning for this part of the judgment is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the assertion of participation in the election of union members who automatically withdraw from the National Assembly

A. The gist of the plaintiffs' assertion is that the persons who received compensation for fishery business and voluntarily reported the closure of business due to the public activities around Incheon Port among the defendant members, such as the BE and BF business, among the public activities around the Incheon Port, among the defendant members, lose their membership pursuant to Article 20 (1) and (3) of the former G Act (amended by Act No. 16702, Dec. 3, 2019; hereinafter "former G Act") and Article 14 of the Enforcement Decree of the same Act (hereinafter "former G Act"), who were disqualified as a member of the association pursuant to Article 20 (1) and (3) of the former G Act and Article 31 (2) 1 of the former G Act and participated in the election of this case without the defendant's qualification as a member of the association

B. Determination 1) Unlike Article 29(3) of the V provides that the board of directors shall confirm whether all or part of the members constitutes grounds for the rightful withdrawal under each subparagraph of Article 29(3) of the V, Article 31(3) of the former GG Act provides that “a decision shall be made by a resolution of the board of directors to determine whether a member of the association constitutes grounds for the rightful withdrawal under each subparagraph of Article 31(2) of the former GG Act, and Article 31(4) of the same Act provides that “where a decision to automatically withdraw from the association has been made on the grounds falling under subparagraph 1 of Article 31(2) of the former GG Act, the fact shall be notified to the relevant member without delay, and Article 25(4) of the articles of incorporation of the Defendant Cooperatives shall also be subject to the resolution of the board of directors, unlike other grounds.

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