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(영문) 대전지방법원서산지원 2016.11.24 2016가합50497
납유쿼터 명의이전절차 이행청구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Cooperative is a juristic person established to enhance the productivity of the livestock industry of its members, to promote the expansion and facilitation of the marketing of livestock products produced by its members, and to provide technology, funds, materials, and information to its members, and the Defendant Skid Association is an unincorporated association established to promote the friendships and rights and interests of dairy and non-farmers residing in eight Eups and Myeons in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

B. Around 2011, the Defendant Union and the daily milk supply contract was concluded between the Defendant Union and the Defendant Union to pay crude milk of 75,000 km per day to the daily milk supply business. The Defendant Union distributed 44,882 km out of the above raw milk supply volume to the members of the Union operating the stock farm within the Seocho-gu area, and the Plaintiff purchased raw milk in proportion to the above distribution volume and paid it to the daily milk supply business.

(hereinafter referred to as the “quota”) the amount of crude oil which the Defendant Union distributes to its members;

When a farmer to whom a raw milk quota has been allocated applies for the sale of the relevant raw milk quota, the Defendant Cooperative shall uniformly determine the sale price of the said raw milk quota as KRW 150,00,000, and the raw milk quota subject to sale shall be determined in the order of a farmer who currently supplies raw milk, a farmer who starts a new dairy farming in the westan area, a farmer who runs a dairy farming in the westan area after moving to another area, and a farmer who runs a dairy farming in the westan area (hereinafter referred to as the “instant terms and conditions”), a farmer who operates a stock farm outside the westan area while engaging in a dairy farming in the same area and supplies raw milk to other milk enterprises, not the dairy Promotion Association or daily milk business in the westan area. In order to specify the above contents, the enactment of the terms and conditions for the sale of raw milk quota on April 9, 2014, has been made (hereinafter referred to as the “instant terms and conditions”).

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