1. The Defendant’s term of office at the ordinary meeting on February 26, 2019 is that “the Defendant’s president’s term of office shall be two years from February 26, 2019.”

Basic Facts

The defendant is an incorporated association established for the purpose of implementing C and D regional development promotion projects, welfare projects for local residents, scholarship projects, etc., and the plaintiff is a member of the defendant.

E was elected as the president at the ordinary general meeting of the Defendant on March 4, 2017, but the Changwon District Court rendered a judgment that the resolution of the general meeting of the Defendant on March 4, 2017, which elected E as the chairperson on September 25, 2017, was null and void in the lawsuit seeking confirmation of invalidity of the election of the president that was raised by the above court 2017Gahap10387.

On October 9, 2017, the defendant held a president election, and F and E were candidates for the above election, but E was elected as chairperson.

F filed a lawsuit against the defendant et al. to seek a confirmation of invalidity of the election of the chairman of the Changwon District Court as the Head of the Changwon District Court Branch 2017Gahap11380, and the said court rendered a judgment on February 20, 2018 that “The decision of the Defendant Election Commission, which made E as the elected person, in the election of the chairman held on October 9, 2017 by the defendant, is invalid. F confirms that the defendant is the elected person of the election of the chairman of the election held on October 9, 2017.”

However, the above court dismissed the defendant's appeal on September 20, 2018, while the Supreme Court dismissed the defendant's appeal on January 17, 2019 (Supreme Court Decision 2018Da274311). The above judgment became final and conclusive by the defendant's appeal (Supreme Court Decision 2018Da274311).

On February 26, 2019, the Defendant held a general meeting of shareholders (hereinafter referred to as the “instant general meeting”) and passed a resolution stating that “F’s term of office shall begin from February 26, 2019” (hereinafter referred to as the “instant resolution”) and “proving the Plaintiff.”

The provisions pertaining to the deprivation of membership, appointment of executives, resolution at the general meeting of the defendant's articles of incorporation at the time of the general meeting of this case are as follows.

A member of the plenary session under Article 11 (Disqualification of Members) of the defendant's articles of incorporation shall lose his/her qualification if he/she falls under any of the following subparagraphs:

1. The relocation of the place of residence shall be C interest, D and Tong, .