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(영문) 대전고등법원 2018.05.09 2016나16854
조합장선거 등 무효 확인청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this part of the underlying facts are as stated in the reasoning of the judgment of the court of first instance, i.e., adding “20 persons already withdrawn” to “27 persons already withdrawn” in Chapter 15, the second part of the judgment of the court of first instance, and i.e., adding “20 persons already withdrawn” to “20 persons already withdrawn”, and the part under Chapter 6, which is indicated in the attached Table 6, are as stated in the corresponding part of the judgment of the court of first instance

2. The plaintiff's assertion

A. Of the 1,184 voters in the instant election, the Plaintiff indicated in the attached Table 173 as 154 voters in the preparatory document dated June 5, 2017, but appears to be 173 voters in writing.

[137 non-qualified cooperative members alleged in the first instance court - 75 cooperative members alleged in this court for reasons such as "afforest area" or "afforest cultivation" - 33 cooperative members alleged in the first instance among non-qualified cooperative members alleged in this court - six cooperative members alleged in this court - six cooperative members (number 109, 383, 668, 68, 783, 862, 1494) who asserted in this court solely on the ground of "afforest cultivation" in the first instance court explicitly withdrawn the plaintiff's assertion.

The defendant's membership was disqualified for the same reasons as the statement in the claim.

B. Nevertheless, the above 173 voting was held in the election of this case, and the election of this case was decided due to the difference in 109 votes.

The election of this case in which the number of votes obtained between the winner and the next braille is more than that of an unqualified member is invalid.

3. Determination

A. 1 Agricultural Cooperatives Act and the Defendant’s articles of association, such as the burden of proof, do not refuse the entry of a person who is qualified as a member of the association, and the heir of a member of the association, who is disqualified due to death, can become a member of the association by succession of the decedent’s contribution if he is qualified as a member of the association.

Article 28 (1) and (5) of the Agricultural Cooperatives Act, and in order to join the defendant's membership, the defendant must submit an application for joining to the defendant.

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