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(영문) 서울북부지방법원 2016.10.13 2015가합25727
조합원지위 부존재 확인
Text

1. It is confirmed that B does not have the status as the defendant's member.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is a local agricultural cooperative established under the Agricultural Cooperatives Act, and the plaintiff and B are the defendant's members.

B. The Agricultural Cooperatives Act, the Enforcement Decree thereof, and the articles of incorporation of the defendant association are as follows:

[] Article 19 (Qualifications for Membership) (1) of the Agricultural Cooperatives Act shall be a farmer who has an address, domicile, or place of business in the area of a local agricultural cooperative, and shall not be admitted to two or more local agricultural cooperatives.

(4) The scope of farmers under paragraph (1) shall be prescribed by Presidential Decree.

Article 29 (Withdrawal) (2) In cases where a member falls under any of the following subparagraphs, he/she shall automatically withdraw:

1. Where he/she is not qualified as a member of the agricultural cooperative [the scope of a farmer who is qualified as a member of a local agricultural cooperative pursuant to Article 19 (1) of the Act] (1) of the Enforcement Decree of the Agricultural Cooperatives Act shall be as follows:

1. A person who manages or cultivates farmland of not less than 1,00 square meters;

2. A person engaged in agriculture for at least 90 days a year;

3. A person who raises at least 0.5 boxes (based on 20,000 boxes).

4. A person who raises livestock above the standards specified in attached Table 1 or a person who raises livestock above the standards specified in subparagraph 1 of Article 2 of the Livestock Industry Act, and other livestock defined in subparagraph 1 of Article 2 of

5. A person who installs facilities, the area of which is not less than 330 square meters, in farmland and cultivates horticultural crops.

6. The area of the association of Korea under Article 4 (Zone) of the Constitution of the Republic of Korea (the articles of association of the defendant association), which is located in farmland of not less than 660 square meters, shall be the Seoul Metropolitan Government North-gu, Nowon-gu, Dobong-gu, and Seongbuk-gu.

Article 9 (Members) (1) Members of a Korean cooperative shall be any of the following persons:

1. A person who has a domicile, residence or place of business in a cooperative and falls under the scope of farmers under Article 19 (4) of the Agricultural Cooperatives Act;

(c)an individual fact-finding report on members B;

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