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. The reasoning of the judgment of the court of first instance is that “Around November 26, 201,” which read “Around November 26, 2013,” and the reasoning of the judgment of the court of first instance as to the Plaintiff’s assertion that the instant lawsuit is lawful, is identical to that of the judgment of the court of first instance, except for adding the following judgments as to the Plaintiff’s assertion that the instant lawsuit is lawful, thereby citing it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that even if the resolution of the general meeting of this case on the filing of the instant lawsuit is null and void, it shall be deemed that there was a legitimate resolution on the filing of the instant lawsuit at the general meeting of August 14, 2013, and therefore, the instant lawsuit satisfies the requirements to be brought by the resolution of the general meeting of the clans.

The Plaintiff filed the instant lawsuit seeking the return of the Plaintiff’s deposit and clan members currently kept by the Defendant as the president, on the ground that the first board of directors of the instant case passed a resolution for the suspension of ex officio and dismissal of the president against the Defendant.

However, as seen earlier, at the general meeting of the Plaintiff on August 14, 2013, the Defendant was elected as the new president of the Plaintiff. The Articles of Incorporation of the Plaintiff was amended by the Articles of Incorporation of the instant case. A resolution was made on the agenda to delegate the performance of a lawsuit to the president of the Plaintiff’s branch to the other party. A resolution was not made on the filing of the instant lawsuit, but the resolution on the filing of the lawsuit was not made.

Inasmuch as there is no other evidence to prove that there was a valid resolution by the general meeting of the Plaintiff clan, which is demanded by Article 276(1) of the Civil Act regarding the filing of the instant lawsuit, the Plaintiff’s board of directors ex officio with the consent of at least 2/3 of the present officers, in cases where the Plaintiff’s chairman acted in violation of the species according to Article 11(2) of the Articles of Incorporation in the Plaintiff’s trial that has legitimate authority to represent the Plaintiff.