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1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. The Plaintiff filed a claim for confirmation of the invalidity of the instant election and the instant general assembly resolution in the first instance trial.
The first instance court accepted the claim to confirm the invalidity of the election of this case, and dismissed the claim to confirm the invalidity of the resolution of the above general meeting, but only the defendant appealed against this, the object of the judgment of this court is limited to the claim to confirm the invalidity of the election of
2. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and the purport of all pleadings:
The defendant is a local agricultural cooperative that covers the Chungcheong-nam Dup, E-Myeon, F-Myeon, G-Myeon, and H-Myeon members established under the Agricultural Cooperatives Act.
The plaintiff is the defendant's member.
B. On March 11, 2015, the Defendant rendered the instant election and decided I as the elected person.
3. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that: (a) since the Plaintiff did not manage or cultivate farmland from February 21, 201 to February 21, 201, it does not constitute “farmer”, the Plaintiff’s assertion does not constitute “farmer
Nevertheless, the election of this case, which the I decided as the elected person of the partnership, is null and void.
B. 1) Article 19(1) of the Agricultural Cooperatives Act provides that “A farmer who has an address, domicile, or place of business in the area of a regional agricultural cooperative shall be a “farmer,” and Article 19(4) of the same Act and Article 4(1) of the Enforcement Decree of the same Act include either “a person who manages or cultivates farmland exceeding 1,000 square meters” (Article 1) or “a person who is engaged in agriculture for at least 90 days in a year” (Article 19(2) of the same Act as a member of a local agricultural cooperative under the above provision.
In addition, Article 29 (2) 1 of the Agricultural Cooperatives Act provides that a member is disqualified, if the member is not qualified, the member is automatically withdrawn, and Article 29 (3) of the same Act provides that the board of directors of the relevant local agricultural cooperative