1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit shall be the cost of supplementary participation.

1. Basic facts

A. The defendant is an incorporated association established on May 14, 1957 for the purpose of promoting D's sexual morality and consolation, preserving and enhancing its length, and contributing to the promotion of national culture.

B. On June 25, 2015, the Plaintiff was elected as the Defendant’s president for the three-year term of office, and the Defendant’s Intervenor was elected as the Defendant’s new president with the consent of 31 of 56 directors among 56 directors at the Defendant’s meeting held on June 14, 2018.

[Grounds for recognition] The items in Gap evidence 1, 2, Eul evidence 5, and the purport of the whole pleadings

2. Determination prior to the merits

A. The plaintiff asserts that the resolution by the board of directors of June 14, 2018, which elected the defendant joining the defendant as a new president, is null and void due to the defect in the convocation procedure and resolution process. Although the plaintiff's term of office expired but the plaintiff has the previous authority to perform his duties until the new president is appointed, the defendant joining the defendant against the defendant. 2) Accordingly, the defendant joining the defendant asserts that there is no benefit in confirmation, since the plaintiff has already expired the term of office and there are special circumstances that make it inappropriate for the plaintiff to continue to perform his duties.

B. In a case where the appointment of a successor president is null and void even though the term of office of the chairperson of a corporation was expired under the Civil Act, or where the appointment of a successor president was made, the former president may perform the former business until the latter president is appointed, and there is a legal interest in claiming the defect in the resolution of the board of directors who appointed the latter president as part of the performance of his/her duties and seeking confirmation of invalidation, in the absence of special circumstances where the former president whose term of office expires is deemed inappropriate to have the latter president perform the business

However, if the term of office expires, the former president shall work for the corporation.