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(영문) 대구지방법원김천지원 2016.04.29 2015가합15590
조합장당선무효확인 청구의 소
Text

1. Ascertainment that the Defendant’s election of C following the election of the president of the partnership held on March 11, 2015 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The parties concerned are local livestock cooperatives established under the Agricultural Cooperatives Act with the area of D and Gyeongbuk E, while the Plaintiff and C are members of the Defendant, who run for the election of the head of the cooperative (hereinafter “instant election”) held on March 11, 2015 by the Defendant as the Defendant’s members.

B. 1) The Defendant shall conduct a fact-finding survey on the members of the association from June 15, 2014 to July 15, 2014 (hereinafter “fact-finding survey of this case”).

A) The 514 members were not raising livestock. On October 28, 2014, the Defendant sent a notice to 514 members of the said cattle shed, and required them to submit explanatory materials as to the intention of raising livestock and the fact of raising livestock, following the review and on-site investigation of relevant documents, 138 members were determined to be eligible for membership, and the remaining 326 members were decided to be eligible for membership, and the remaining 50 members were voluntarily disposed of. However, although it was investigated that there were 118 members raising livestock that fall short of the standards under Article 10 of the Enforcement Decree of the Agricultural Cooperatives Act at the time of the investigation into the actual condition of the instant case, the Defendant did not undergo the aforementioned vindication and investigation procedures as to them. D election management entrusted by the Defendant was finalized on February 20, 2015 to 315, and the electoral register was prepared on February 25, 2015.

3) Of the members listed in the electoral register, the number of persons determined to be paid 60 persons from among those who were investigated as persons who were unemployed at the time of the investigation into the instant situation, 118 persons who were below the standard, and 13 persons who were determined to receive subsidies for preservation of damage caused by FTA and compensation for closure of business (hereinafter “FTA compensation persons”).

(C) 51 persons (including 68 persons in total, who fall under the 17 members of the FTA at the same time) include 51 persons (excluding 17 persons who fall under the compensation persons of the FTA).

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