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(영문) 수원지방법원 2019.10.10 2018가합2533
조합원지위확인
Text

1. The defendant expresses his/her intention to accept the plaintiff as a member of the defendant.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a C&C association whose business area covers the daily members of Yongsan-si, and was established for the purpose of increasing the agricultural productivity of its members and enhancing the economic, social and cultural status of its members through educational support projects.

B. On May 18, 2018, the Plaintiff filed a move-in report with the wife population D and filed an application for membership with the Defendant.

However, the defendant rejected the plaintiff's application for membership on the ground that the plaintiff does not fall under the scope of farmers.

C. The defendant's articles of incorporation provide for the defendant's qualification for membership and admission procedure as follows.

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 union and falls under the scope of farmers under Article 19 (4) of the Agricultural Cooperatives Act. Article 10 (Joining Korea Association) (1) Any person who intends to enter such association shall submit to the Association an application for membership stating

(3) Upon receipt of an application under paragraph (1) or (2), a cooperative shall refer to the board of directors to examine whether it is qualified as a member and notify the applicant of whether he/she accepts the application in writing.

(4) No cooperative shall refuse membership of a person who is qualified as a cooperative member, or attach unfavorable conditions to membership to any other cooperative member.

Provided, That the admission may be refused to a person in whose case two years have not passed since the expulsion.

The Defendant’s methods of managing members and associate members (Article 1(3) of Chapter II) provides for the scope of farmers as “a person who manages or cultivates farmland of not less than 1,00 square meters (Article 1(3))” and “a person who is engaged in agriculture for not less than 90 days during one year (Article 1(3)).”

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. As to the cause of the claim, the Agricultural Cooperatives Act.

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