The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant is a cooperative established pursuant to the Fisheries Cooperatives Act for the purpose of expanding the fishery productivity shape, fishery products market, etc. with the area of the Gangwon-gun Gosung-gun Gowon Gosung, D, E, and F. The Defendant is a cooperative established pursuant to the Fisheries Cooperatives Act.

B. On March 13, 2019, the Plaintiff, as the head of the Defendant’s entire association, went out as a candidate for the head of the Defendant association in the election of the head of the National East City Cooperative (hereinafter “instant election”), which was conducted on March 13, 2019.

C. As a result of the instant election ballot counting, 948 voters, among 1,085 voters on the electoral registry, were elected by H as the head of the Defendant association by obtaining 489 votes, and 455 votes, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 17 evidence, Eul evidence 1 and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. According to Article 31(2), etc. of the Fisheries Cooperatives Act (hereinafter “the Suhyup Cooperatives Act”), a person who is not qualified as a member of a cooperative shall naturally withdraw from the cooperative without a resolution of the board of directors.

B. Meanwhile, Article 20(1) of the Suhyup Act and Article 14 of the Enforcement Decree of the same Act provide that the Defendant included 372 persons who did not meet the requirements for membership at the time of the instant election (including 15 persons who died) on the electoral registry, and 124 of them participated in the voting at the instant election.

C. Examining the aforementioned circumstances in addition to the difference between H and the Defendant’s number of votes, there is an error of law that affected the instant election, and thus, the instant election is null and void.

3. Determination on the defense prior to the merits

A. The defendant is the head of the defendant's whole association who has neglected or obstructed the maintenance work of non-qualified union members.

Nevertheless, it is contradictory to the good faith principle to seek confirmation of invalidation of the election of this case on the ground that a disqualified member participated in the election of this case and cast votes.

Therefore, the instant lawsuit shall be dismissed as unlawful.