In the 7th presidential election held by the defendant on May 8, 2018, the decision that the defendant decided C as the elected person of the defendant.

1. Facts of recognition;

A. The defendant is a non-corporate association established for the purpose of contributing to the development of the above market and the revitalization of the business district by improving the facilities, modernization of business management and market development for the benefit of merchants who operate a store in the BB market located in Busan Northern-gu, Busan, and promoting the improvement of the quality of merchants, enhancement of service for customers, and friendship among the members of the merchants. The plaintiff is the defendant's member.

B. On December 2016, the Defendant decided E as the elected person of the Defendant’s president in the election of the 7th president.

C. However, the Plaintiff, who left the above 7th president election as a candidate and went out as a candidate for the second president, filed a lawsuit against the Defendant seeking confirmation of invalidity of the decision on the elected chairman of the 7th president election as Busan District Court 2016Gahap51708, and around October 15, 2017, in which the lawsuit was pending, E resigned from the Defendant’s office, and the above 2016Gahap51708 case was sentenced on December 13, 2017 on the ground that there was no benefit of confirmation due to the resignation of the chairman of the E.

According to E’s resignation from office, the Defendant decided to conduct the 7th special election for the president (hereinafter “instant special election”), and the C, F, and the Plaintiff applied for the registration of the candidate to the instant special election.

E. Meanwhile, on the other hand, the Defendant held a regular board of directors on April 12, 2018, and passed a resolution on the agenda of non-Confidence of executive officers against the Plaintiff with the consent of 15 out of 20 members present at the meeting, on the ground that the printed matter of the title, “Report Diversc,” distributed by the Plaintiff on January 18, 2018, damaged the Defendant’s reputation.

F. In addition, the Defendant, on May 2, 2018, took a three-year disciplinary measure of qualification suspension against the Plaintiff (hereinafter “instant disciplinary measure”) with the consent of 11 of the 19 directors present at the meeting, on the ground that the instant printed matter distributed by the Plaintiff was detrimental to the Defendant’s honor.