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(영문) 대전고등법원 2020.01.23 2019나15050
조합장선거당선무효확인등
Text

1. Each of the plaintiffs' appeals is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) The Defendant is a district fisheries cooperative established under the Fisheries Cooperatives Act for the purpose of improving fishery productivity, expanding markets for fishery products, etc. by making its district area as the Hanam G group (excluding HH), I group, and J-siwon (hereinafter “regional fisheries cooperative”).

(2) The Plaintiffs, as the Defendant’s members, went out as the Defendant’s candidates for the head of the association at the second time the election of the head of the association nationwide (hereinafter “instant election”) implemented on March 13, 2019 (hereinafter “instant election”); and F is a person who was elected as the Defendant’s head of the association from the instant election.

B. As a result of the instant election ballot counting, the Defendant held the instant election on March 13, 2019 for the election of the head of the association (13.84) on the ballot counting of the number of votes obtained by each candidate (%) 1,234, 875 CF AD B 835 C 124 (124.30) 1259 (14.30) 253 (29.18) 233 (26.87) 120 (13.84) 137 (15.80) 80) 8671). The Defendant sent the instant election to a candidate by the Plaintiffs, B, C, and F. The result of the instant election was as shown below 2) as of March 18, 2019, the Defendant prepared the electoral register as of March 20, 2019, which was prepared as of March 18, 2019.

(c) Qualification, joining, withdrawal from office, prohibition of concurrent holding by executive officers and employees of a cooperative, fisheries cooperatives on election of president of a cooperative, enforcement Decree of this Act, and details of the defendant's articles of association are as specified in attached statutes and the articles of association

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 13, 14, Eul evidence Nos. 7 (including a Serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. The decision to elect the president of the cooperative according to the election of this case is unlawful for the following reasons. Thus, the decision to elect the president of the cooperative pursuant to Article 35(1) of the Fisheries Cooperatives Act is confirmed invalid

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