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(영문) 대구지방법원서부지원 2016.01.15 2015가합893
당선무효확인
Text

1. Ascertainment that an election of the president of an association held by the Defendant on March 11, 2015 is invalid.

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

Reasons

1. Basic facts

A. Under the Agricultural Cooperatives Act, the Defendant was a local agricultural cooperative established under the Agricultural Cooperatives Act with a certain area of the Daegu CDAdong, GHJKMdong, NOPRSdong, Tdong, Udong, Vdong, WXYdong, Zdong, ZBdong, AB, ACADdong, AEAF Dong, AAOKdong, AIAJAJKdong, and ALdong (hereinafter “instant election”), and the Plaintiff was a member of the Defendant’s association, who was in the Defendant’s election of the head of the association (hereinafter “instant election”) implemented on March 11, 2015.

B. On February 24, 2015, the Defendant publicly announced the instant election, and prepared and finalized the electoral register for 1,513 members.

C. At the instant election held by the Defendant on March 11, 2015, 1,341 of the members, who were listed on the electoral register, participated in the voting. As a result, NN obtained 370 marks, 366 marks, 335 marks and 268 marks, and AP was elected as the head of the partnership.

Relevant statutes and the articles of association of the defendant related to the qualification of union members and the election of union presidents are as follows:

(i)Article 19 (Qualifications for Members) of the Agricultural Cooperatives Act. (1) Members shall be farmers having addresses, residences, or places of business in the area of the local agricultural cooperative, and shall not be admitted to two or more regional 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. If a member is disqualified; (3) The board of directors under Article 43 shall verify whether the member falls under any subparagraph of paragraph (2) in whole or in part;

Article 43 (Board of Directors) (3) The board of directors shall resolve the following matters:

1. Examinations of qualifications for association members and approval for joining;

r. The scope of farmers who meet the qualification requirements for members of local agricultural cooperatives under Article 19 (1) of the Act shall be as follows:

1.

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