(영문) 대구지방법원 2016.03.17 2015가합203107

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(영문) 대구지방법원 2016.03.17 2015가합203107

조합장당선무효확인

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Cooperative is a local agricultural cooperative established with the area as the area of the North Korea-gu Seoul Metropolitan City Council under the Agricultural Cooperatives Act.

B. D applied for membership with the Defendant Union on December 22, 1998, and was held on December 28, 1998, and thereafter held on December 28, 1998 (hereinafter “instant election”) as the head of the association in the election of the head of the Defendant Union on March 18, 2015 (hereinafter “instant election”).

C. According to the Articles of the Agricultural Cooperatives Act, the Enforcement Decree thereof, and the articles of incorporation of the Defendant Union, the head of the Defendant Union’s association shall elect persons who have no specific grounds for disqualification from among the members of the association by election. The members of the Defendant Union shall be a farmer who has an address, residence, or place of business in the district of the association. In such cases, with respect to the scope of farmers, a person who manages or cultivates farmland of at least 1,00 square meters, a person who operates or cultivates farmland of at least 330 square meters in farmland, or a person who cultivates farmland of at least 660 square meters

(The provisions of the award and award are as shown in the Attachment). 【The ground for recognition' is without any dispute, Gap evidence 1, Eul evidence 5, Eul evidence 12, and the purport of the premise for pleading.

2. Determination on the defense prior to the merits

A. As to the instant lawsuit seeking confirmation of invalidity of the decision of election of the president of the association by asserting that the alleged plaintiffs violated the statutes or the articles of association in the instant election, the Defendant Union’s assertion that the Plaintiffs were the members of the Defendant Union, and that the Plaintiffs were disqualified on the ground that they were not the farmers on November 2015, and thus, the instant lawsuit filed by the non-members was unlawful.

B. The defendant union is first designated as the union.

참조조문

-농업협동조합법

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