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(영문) 대구지방법원안동지원 2015.04.16 2015가합141
정관효력 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. As of February 11, 2015, the Plaintiff is the Defendant’s member who invested 510 shares as of February 11, 2015, and the Defendant, on November 27, 2012, Article 56(1)10 of the Articles of incorporation regarding the grounds for disqualification from the appointment of executives, stipulated that “a person who has not held at least 150 shares of investment for at least 150 shares in a union as of the date of public announcement of election for at least two consecutive years” shall be construed as “a person who has not held at least 400 shares of investment for at least two consecutive years in a union as of the date of public announcement of election for at least two consecutive years,” and the supplementary articles of incorporation thereof shall enter into force from December 2, 2012, but if the election day was publicly announced within two years from the date of public announcement,

(see Articles 1, 3). (b)

However, the Defendant did not publicly notify and notify the members of the amended articles of association as above. According to the amended articles of association, the election will take place from December 2, 2012. The above articles of association demand excessive contribution units in the withdrawal and withdrawal of the president of the association and violates the principle of proportionality under the Constitution and infringe on the right to equality and the right to pursue happiness.

Therefore, the amended articles of incorporation of the defendant is null and void.

2. The subject of a lawsuit for confirmation of judgment must be against the existence of a specific right or legal relationship. Therefore, it cannot be claimed as a lawsuit for confirmation that a general, abstract statute, or statute itself has a validity.

(See Supreme Court Decision 93Da61567 delivered on December 22, 1995). However, the Defendant’s articles of incorporation was enacted by delegation of the Agricultural Cooperatives Act, which regulates the legal relations of collective law, such as the Defendant’s organization and activities.

(A) No. 4-2. Therefore, the above articles of incorporation is a legal norm which has binding force on the defendant's agencies and members, thus seeking confirmation of invalidity of the above articles of incorporation is ultimately a matter of general and abstract laws and regulations.

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