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(영문) 대전지방법원홍성지원 2015.12.10 2015가합806
조합장당선무효확인 등 청구의 소
Text

1. Ascertainment that the Defendant’s election of C following the election of the president of the partnership held on March 11, 2015 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant, such as the party status, is a local agricultural cooperative that is established under the Agricultural Cooperatives Act and whose district covers D members, and the Plaintiff and C as each of the Defendant’s members, who were candidates for the election of head of the cooperative (hereinafter “instant election”) held on March 11, 2015 by the Defendant.

B. On February 19, 2015, the Defendant publicly announced the election of the head of the association on February 19, 2015, and thereafter, on February 24, 2015, the electoral registry (hereinafter “instant electoral registry”) as to the remaining 1,767 persons except 18 persons among the 1,785 members of the association on February 24, 2015.

2) At the election of this case, 1,534 of the union members registered on the instant electoral register (including 3 marks of invalidation) participated in the voting, and as a result, the Plaintiff obtained 570 marks and 581 marks, and C was elected as the head of CA association.

C. The main contents of the relevant statutes and the Defendant’s articles of association regarding the qualification of the Defendant’s union members and the election of union presidents are as follows.

(1) Members of a local agricultural cooperative shall have address, domicile or place of business in the area of the local agricultural cooperative, and shall not be admitted to at least two local agricultural cooperatives, and shall not be admitted to the area of the local agricultural cooperative.

(2) From to (3) (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) The scope of farmers who meet the qualification requirements for members of local agricultural cooperatives under Article 19 (1) of the Act;

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