1. The plaintiffs' claims are dismissed.

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

Basic Facts

The defendant is a corporation established pursuant to Article 32 of the Construction Machinery Management Act, and the plaintiffs are regular members of the defendant.

On March 17, 2016, the Defendant held a general meeting of shareholders (hereinafter referred to as “instant general meeting”) and elected the president. Of 200 representatives registered on the register of representatives, the Defendant attended a meeting of 164 representatives and passed a resolution to agree that 163 of them would elect D as the president (hereinafter referred to as “instant resolution”).

Relevant statutes, articles of incorporation, and management regulations concerning the establishment and operation of the defendant are as follows:

(1) Construction machinery business operators may establish an association in order to promote the sound development of construction machinery business and the common interests of construction machinery business operators, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2) To establish an Association, at least 1/5 of promoters who are qualified as members of the Association shall prepare the articles of association and obtain authorization for establishment from the Minister of Land, Infrastructure and Transport after a resolution at the inaugural general meeting of at least 1/3 of those who are qualified as

(4) Construction machinery business operators may join the Association, as prescribed by the articles of association.

(5) The articles of association, duties and supervision of the Association shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport

(6) Except as otherwise provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association.

Article 57 (Registration, etc. of Construction Machinery Rental Business) (1) of the Enforcement Rule of the Construction Machinery Management Act (1) A person who intends to register construction machinery rental business pursuant to Article 21 of the Act and Article 13 of the Decree means the head of a Si/Gun/Gu having jurisdiction over the location of the office that operates construction machinery rental business by submitting an application for registration of construction machinery rental business in attached Form 28 (including an application in electronic form) along

(c).