1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The status of the plaintiff and the defendant, etc. is a foundation corporation established for the purpose of the creation, maintenance, and management of a park cemetery on May 27, 197. The plaintiff is the defendant's board of directors on July 19, 2004, C is the defendant's board of directors on June 7, 2004, and K is the defendant's board of directors on June 29, 2004, and the defendant's board of directors on June 29, 2004.

B. The defendant's executive officers except the auditor as of October 26, 2005 at the time of October 26, 2005 are the chief director and directors (hereinafter "chief director").

(2) On October 26, 2005, the board of directors of the Defendant on October 26, 2005, D, the Plaintiff, C, K, P, Q, and R (7) attended three members, including the president D, directors C, and K, from among the total seven members, resigned from office, and dismissed directors, and appointed I, J, and F as a successor director.

3. On June 29, 2004, the Plaintiff filed a lawsuit seeking nullification of the resolution of the board of directors, asserting that the Defendant did not notify the Plaintiff of the convening of each of the above board of directors, and that the resolution to appoint K as a director at the meeting of the board of directors on October 26, 2005, the Plaintiff did not notify the Plaintiff of the convening of each of the above board of directors, and that it was a defective resolution at the time of below the quorum of the proceedings.

On January 4, 2008, the above court dismissed all of the plaintiff's lawsuits on the ground that the plaintiff's term of office expires and the remaining directors may engage in the defendant's normal activities, so the director K appointed by the board of directors on June 29, 2004 expired, and I and J appointed by the board of directors on October 26, 2005 seek confirmation of past legal relations by resignation on July 29, 2007.

The plaintiff appealed against the judgment of the first instance court as 2008Na1605. The appellate court withdraws the request for nullification by the resolution of the board of directors as of June 29, 2004. ② The board of directors as of October 26, 2005 appointed I and J as directors.