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(영문) 광주지방법원 2016.04.22 2015가합1743
조합장선거무효확인 등
Text

1. Ascertainment that an election of the head 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. The defendant is a local agricultural cooperative (hereinafter referred to as "local agricultural cooperative," and the defendant is the defendant's cooperative) established under the Agricultural Cooperatives Act and whose district covers E members and F members in Naju-si. The plaintiffs are the members of the defendant cooperative.

B. From March 24, 2014 to September 17, 2014, the Defendant Cooperative conducted a fact-finding survey on 1,471 members of the Mutual Aid Association in 2014, and completed it according to the methods of managing its members and associate members. As a result of the fact-finding survey, the fact-finding survey conducted a survey on 10 persons who died, 6 migrants, and 112 persons who were not farmers, and those 128 persons were treated as those who were disqualified as members of the Mutual Aid Association on September 29, 2014.

C. On September 21, 2014, the Defendant Union entrusted the election affairs of the president of the partnership to the Naju City Election Commission to hold an election of the president of the partnership.

B. On March 11, 2015, the election commission of a City/Do shall set forth an electoral registry based on the results of the investigation into actual conditions of union members from February 20, 2015 to February 24, 2015, and thereafter, on March 1, 2015, the electoral registry was finalized as 1,353 union members on March 1, 2015 (hereinafter “instant electoral registry”).

E. On March 11, 2015, the Defendant Cooperative held an election for the president of the partnership (hereinafter “instant election”), and 1,240 of the 1,353 union members entered in the instant electoral registry, participated in the voting. The candidate G obtained 611 votes and 615 votes, and the candidate H obtained 615 votes, and H was elected as the head of the partnership (=615 Table 611).

F. Articles of incorporation regarding the qualifications of the Defendant Union as follows.

Article 9 (1) Members of a Korean partnership shall be any of the following persons:

1. A cooperative's name, domicile, or place of business, which falls within the scope of farmers under Article 19 (4) of the Agricultural Cooperatives Act;

(i) [Grounds for recognition] without dispute, A No. 1.

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