1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 11, 2015, the Plaintiff was a person who participated in the Defendant’s union president’s election at the nationwide simultaneous election of the head of the association (hereinafter “instant election”), and C was a person who registered as a candidate for the union president on February 24, 2015 from the said election and was elected.

B. D. An agricultural partnership (hereinafter “instant agricultural partnership”) is a subsidiary of the defendant, and C is currently registered as an auditor of the instant agricultural partnership.

C. The relevant laws and articles of incorporation applicable to the instant election are as follows.

In relation to commissioned elections under Article 12 (Voting Rights and Eligibility) of the Act on Commissioned Elections of Public Organizations, etc., the relevant Acts and subordinate statutes or the articles of incorporation, etc. shall apply to the right to vote and to be elected (referring to the eligibility to become an executive, etc. regardless of the name, such as the eligibility of a candidate;

Article 69 (Electoral Eligibility) (1) Any of the following persons shall be ineligible for election:

3. A person who has not resigned from the position of non-standing directors, non-standing auditors or non-standing executive officers of the Korean association by the date of candidate registration.

Article 43 (Term of Office of Executive Officers) (1) The term of office of executive officers and auditors shall be three years.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 and 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. Even if the term of office of the auditor C at the Plaintiff’s assertion expires on July 21, 2013, the status of the auditor is maintained until the successor officer is elected. As such, C should have retired from the non-permanent auditor of the instant farming association until February 23, 2015, which is the day before the candidate registration was made. However, C submitted resignation from the office on February 25, 2015.

Therefore, the eligibility to be elected to C at the time of the instant election is not possible.