1. Revocation of the first instance judgment.

2. Ascertainment that the Plaintiff is the Defendant’s member.

3. The total cost of the lawsuit.

1. The reasons for this part of the basic facts are as follows: (a) the reasoning of the judgment of the court of first instance is the same as that of the relevant part of the grounds for the judgment of the court of first instance; and (b)

2. The plaintiff asserted that the plaintiff had a domicile in Yangsan-si, which falls under the defendant's jurisdiction, and since April 31, 1994, the plaintiff continued to cultivate farmland of not less than 1,000m2 in the defendant's area and has been engaged in agriculture for not less than 90 days a year, and thereby has the qualification as a member under Article 19 of the Agricultural Cooperatives Act (hereinafter "Agricultural Cooperatives Act"). The defendant processed the plaintiff's withdrawal from the membership of the plaintiff through the resolution of this case without justifiable grounds. The plaintiff is seeking confirmation of the status as a member of the defendant's association by the lawsuit of this case.

3. Determination

A. The resolution of the board of directors on the qualification examination and acceptance of membership of a regional agricultural cooperative, such as the defendant, is stipulated as above. The board of directors of the cooperative must verify whether all or part of the members have grounds for ex officio withdrawal (Article 29(3) of the Agricultural Cooperatives Act). Thus, a member who entered the association with qualification examination and approval of the board of directors shall be deemed to have the qualification of a member at the time of entry, barring special circumstances, and such qualification shall be deemed to have been maintained, and a member shall be deemed to have the burden of proof as to the assertion that the agricultural cooperative's qualification examination and acceptance of membership constitutes an "unqualified member" as provided by the Agricultural Cooperatives Act and the articles of association

(See Supreme Court Decision 2004Da18385 Decided May 13, 2005, and Supreme Court Decision 2011Da99511 Decided March 15, 2012, etc.). In addition, the Agricultural Cooperatives Act prior to the enactment of the National Agricultural Cooperatives Act as the "resolution" of the board of directors, but Article 32 (natural withdrawal) of the former Agricultural Cooperatives Act (amended by Act No. 6018, Sept. 7, 1999) (1) provides that the National Agricultural Cooperatives Act prior to the enactment of the National Agricultural Cooperatives Act as the "resolution."