The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The reasons for the acceptance by the court of first instance are as follows: "An incorporated association (a person in English: K, abbreviated name)" in the second sentence of the judgment of the court of first instance is as "an incorporated association (hereinafter "B")." The second sentence is as "a director of the defendant's association, who is a director of the defendant's association, who was appointed as a director of the defendant's association, retired from office on April 21, 2019, and retired from office on April 21, 2019," and the second sentence "retirement from office" in the second sentence is as "retirement from office", and the second sentence is as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment on the defense prior to the merits added by the defendant in this court as stated in the second sentence of paragraph (2). Thus, this is cited as it is in accordance with the main sentence of Article 42

2. Determination of addition to the defense prior to the merits

A. On April 21, 2019, when the Plaintiff was appointed as a director of the Defendant Association on April 21, 2019, the term of office of “five years” under Article 14(1) of the Articles of the Defendant Association’s articles of incorporation of the Defendant Association expires on April 20, 2019. However, the Plaintiff’s retirement date is indicated as “one day of April 21, 2019” on the full certificate (Evidence A) of the registered matters of the Defendant Association’s association. Since the Plaintiff lost the status of an ex officio representative due to the expiration of the term of office of director, there is no benefit or claim to seek confirmation that the resolution of the general meeting composed of representatives is null and void. In addition, since the Plaintiff loses the qualification of a member of the Defendant Association by a resolution of the Defendant Association on April 19, 202, there is no party to seek nullification of the general meeting’s resolution.

B. According to Article 24(1) of the Articles of Incorporation of the Defendant Association, “The Assembly shall be composed of representatives” and Article 26(1) of the same Articles of Incorporation shall be comprised of ex officio members and elected officials, and the number of representatives shall not exceed 50.

Executives referred to in Article 13 shall be ex officio representatives.

The elected representatives shall be from among regular members.