The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. On February 23, 2016, C was appointed as the Defendant’s fifth president and held office for four years. On February 19, 2020, the Defendant’s fourth general meeting (hereinafter “instant general meeting”) held the election of president (hereinafter “instant election”) at the fourth general meeting (hereinafter “instant general meeting”).

B. The Plaintiff was running along with C, D, and E in the instant election.

C. In the primary voting of the instant election (hereinafter “the primary voting”), the voting was held as a result of the Plaintiff’s participation in the voting by 118 persons among the 119 electors. In the primary voting, the Plaintiff obtained 58 votes, C A 27, D 21 votes, and E 12 votes as a result of the Plaintiff’s participation in the voting. In the secondary voting of the instant election (hereinafter “the secondary voting”), 115 persons among the 119 electors participated in the voting, C was 58 votes, and the Plaintiff obtained 57 votes, and the right to vote was 4 votes.

As a result of the instant election, the election commission of the Defendant decided C as the elected person of the sixth president of the Defendant (hereinafter “instant decision”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Article 28(1) of the Executive Election Regulations, accompanied by the Defendant, provides that “Voting shall not be cast unless the elector is present at the general meeting by the time when the voting commences.”

The term "Appearance" in the above provision means not "Appearance" as a de facto concept, but as a normative concept, "to be recognized as eligible to participate in the voting procedure concerned".

In addition, since the "voting procedure" in the election of executive officers refers to a series of processes from confirmation of the identity of voters to ballot counting, it is reasonable to interpret that "the commencement of voting" in the above provision is limited to "the commencement of the first voting".

The representative F of the defendant is at the place of the general meeting at the time of opening the general meeting of this case.