1. A resolution on the agenda item 2-A and 3-C in the separate sheet of the Plaintiff (Counterclaim Defendant) among the main lawsuit is made.

1. Basic facts

A. The defendant is an incorporated association established for the purpose of education and support for assistants for the disabled and the elderly living alone.

B. The Plaintiff is an extraordinary general meeting of the Defendant held on June 23, 2015 (hereinafter referred to as “special general meeting of the Defendant”) which was held on June 23, 2015.

In the case of the defendant, the chairperson and the appointed director who are the representative of the defendant shall be the representative of the defendant (founded grounds for recognition), the fact that there is no dispute, Gap evidence 1, and Eul evidence 72 (if there is a provisional number, it shall include those).

hereinafter the same shall apply.

- The purport of the whole pleadings

2. Determination on the main claim

A. Determination as to the legitimacy of the Defendant’s lawsuit 1) The Defendant’s assertion was based on Article 70(2) of the Civil Act, and at least 1/5 of the Defendant’s members filed a request to convene a meeting with C (hereinafter “representative acting director”) who is the representative of the Defendant, and the Defendant’s work is normally performed by the newly appointed executives. In the open special meeting on August 1, 2016, “a resolution to dismiss the Plaintiff from office as the president and the director, to appoint a new president and the director as the director, and to appoint five directors who are vacant.” Accordingly, the Defendant’s work is normally performed by the newly appointed executives.

In addition, since the term of office of the Plaintiff’s president expires on May 7, 2017, even if the judgment of winning in the main claim becomes final and conclusive, it cannot be executed after returning to the president.

Therefore, the plaintiff's principal lawsuit has no interest in legal action.

B) The judgment (1) Inasmuch as an acting director can only perform the ordinary affairs, if it includes an act of changing the composition of the board of directors of the relevant agenda in convening an extraordinary general meeting, etc. that may affect the operation and control of the incorporated association, the convening of the extraordinary general meeting does not belong to ordinary affairs, and if the convening of the acting director is resolved by convening the extraordinary general meeting without the permission of the court even though the act of convening the extraordinary general meeting does not belong to ordinary affairs, the resolution is invalid due to the defect in the convocation procedure (see Supreme Court Decision 9Du294, Feb. 11, 20