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(영문) 대전지방법원논산지원 2020.06.10 2020가합49
조합원당연탈퇴무효등
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. On December 31, 2007, the Plaintiff joined the Defendant’s membership, and is engaged in livestock breeding business under the name of “A farm” (hereinafter “the instant farm”). B. On September 26, 2019, the Defendant visited the instant farm and conducted on-site surveys, and only one salt farm was raised at the time of the instant farm. C. On December 9, 2019, the Defendant notified the Plaintiff that “A farm is currently under livestock breeding or is dissatisfied with withdrawal,” but the Plaintiff did not raise any objection.

On December 30, 2019, the defendant held a board of directors on December 30, 2019 to make a resolution that the plaintiff is not eligible for membership, and the above resolution is "the resolution of this case".

Accordingly, the Plaintiff lost its membership as a member of the Plaintiff. [In the absence of any dispute over the grounds for recognition, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, the purport of the whole pleadings, and the purport of the whole pleadings.]

2. Of the instant lawsuit, the formative lawsuit aimed at determining the legitimacy of the part of the conjunctive claim in question is acknowledged only where there is a express provision of a law, and where there is no legal basis, it may not be permitted (see, e.g., Supreme Court Decision 2000Da45020, Jan. 16, 2001). The Plaintiff’s conjunctive claim constitutes a lawsuit for formation, inasmuch as it falls under the lawsuit for formation, on the grounds that there is no legal basis that it may be brought, and thus, is unlawful.

3. Judgment as to the main claim

(a) Where a member of the Agricultural Cooperatives Act (hereinafter referred to as the “Agricultural Cooperatives Act”) Article 29 (Withdrawal) falls under any of the following, he/she shall automatically withdraw:

1. If a member is not qualified, the board of directors shall fall under the subparagraphs of paragraph (2) for all or part of the members;

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