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(영문) 대구고등법원 2017.01.19 2016나21941
조합장당선무효확인
Text

1. Revocation of a judgment of the first instance;

2. D in the election of the president of the partnership held by the Defendant on March 18, 2015, as the elected person of the president of the partnership.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 (if there is a serial number, it includes the whole of it; hereinafter the same shall apply) and Eul evidence Nos. 5 and 12, the whole purport of the pleadings.

The defendant cooperative is a local agricultural cooperative established with the area of the members of the North-gu Seoul Metropolitan City North Korea in accordance with the Agricultural Cooperatives Act.

B. D applied for membership to the Defendant Union on December 22, 1998, and approved by the board of directors at the 13th meeting of the 98th meeting of the Defendant Union held on December 28, 1998, and became a member of the Defendant Union. On March 18, 2015, D was elected as the president of the Defendant Union (hereinafter “instant election”).

C. According to the Agricultural Cooperatives Act, the Enforcement Decree thereof, and the articles of association of the Defendant Union (the main contents related to this case are as follows), the head of the Defendant Union’s association shall be elected by election among its members (Article 45(4) of the Agricultural Cooperatives Act and Article 54(1) of the Articles of association of the Defendant Union). The members of the Defendant Union shall have the address, residence, or place of business in the district of the association (Article 19(1) of the Agricultural Cooperatives Act and Article 9(1) of the Articles of association of the Defendant Union). In such cases, with respect to the scope of farmers, a person who operates or cultivates farmland of at least 1,00 square meters in size, or a person who cultivates agricultural products with facilities of at least 30 square meters in size in farmland, or a person who cultivates excreta, fruit trees, or flowerss

(Article 19(4) of the Agricultural Cooperatives Act and Article 4(1) of the Enforcement Decree of the same Act. Article 19(1) of the Agricultural Cooperatives Act (Qualification as a member) (1) of the Agricultural Cooperatives Act shall be a farmer who has an address, domicile or place of business in a district of local agricultural cooperatives, and shall not be admitted

(4) The scope of farmers under paragraph (1) shall be prescribed by Presidential Decree.

§ 28 (Joining) (1).

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