1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is an incorporated association with the objective of knowledge, human resources development, etc. related to C and food processing business.

The plaintiff was elected as the chairperson of the defendant on March 31, 2016 and was registered as a director with the sole power of representation on May 10, 2016.

On June 8, 2017, the auditor D, who is the chairperson of the defendant's emergency response committee, convened a general meeting on June 8, 2017 for the purpose of dismissal of the plaintiff.

In this meeting, 65 affirmative votes and 3 opposing votes among 68 representatives present at this meeting were resolved to dismiss the plaintiff.

In addition, on July 5, 2017, the Emergency Countermeasure Committee announced to hold a general meeting of temporary representatives for the purpose of the special election of the Chairperson.

Accordingly, on July 5, 2017, the Plaintiff filed an application for provisional disposition seeking prohibition of holding a general meeting of temporary delegates with Seoul Northern District Court 2017Kahap20199.

In the relevant case, the court rendered a provisional disposition on July 4, 2017, stating that “No auditor D has the authority to directly convene an extraordinary general meeting without undergoing the procedures for convening an extraordinary general meeting under Article 70 of the Civil Act, and the resolution of June 8, 2017, which dismissed the Plaintiff is null and void. However, the court rendered a provisional disposition that prohibits the holding of an extraordinary general meeting as of July 4, 2017 for the purpose of a special election.”

After the decision of provisional disposition on October 31, 2017 on July 4, 2017, 51, a majority of the representatives constituting the defendant's general assembly, requested the plaintiff to hold a provisional assembly on July 11, 2017.

However, around July 27, 2017, the Plaintiff notified them of their refusal to convene a general meeting.

On August 2017, the above 51 persons filed an application for permission to convene a general meeting of representatives with the Seoul Northern District Court 2017 non-hap1017, pursuant to Article 70(3) of the Civil Code.

In this case, on October 16, 2017, Article 70(2) of the Civil Code on convening an extraordinary general meeting of an incorporated association applies to convening a general meeting as the highest resolution body of the defendant, and the defendant is the defendant.