1. We affirm that the Defendant’s resolution of expulsion against the Plaintiff on January 21, 2016 was null and void.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. The defendant is an association established to promote the sound development of trucking transport business and the common interests of trucking transport business operators in accordance with Article 48 of the Trucking Transport Business Act, and the plaintiff is the representative of

B. Around January 6, 2016, the Defendant notified the convening of the temporary general meeting on January 21, 2016, and did not specify the agenda concerning the expulsion of representatives.

However, at the temporary assembly held on January 21, 2016, the Defendant passed a resolution to dismiss the Plaintiff from the Association members and representatives (hereinafter “instant resolution”), and notified the Plaintiff that he/she was expelled from the representatives on January 27, 2016.

C. The Defendant, in its articles of incorporation, provides that “The purpose and agenda items of the general meeting may be specified and notified at least seven days prior to the day on which the general meeting is held: Provided, That in case of an urgent need, they may be omitted and substituted

§ 15. [Requirements for Convocation] . [Grounds for Acknowledgement] ... 【Unsatisfy, Gap evidence 1 to 3, Eul evidence 2 and 3, the purport of the whole pleadings.

2. Determination

A. As to whether the expulsion resolution of this case is null and void, the Defendant notified the convocation of the general meeting by specifying the purpose and the agenda items to be presented in accordance with the requirements for convening the general meeting as stipulated in the articles of incorporation. However, the Defendant did not specify the contents of the expulsion resolution of this case as an agenda item when notifying the convocation of the general meeting on January 21, 2016.

Thus, the resolution of expulsion of this case was made at a general meeting held in violation of the convocation procedure prescribed by the articles of association, and thus is invalid.

B. As to this, the Defendant expressed the intention that a member who was not present at the temporary general meeting on January 21, 2016 should be expelled from the Plaintiff, the instant expulsion resolution was adopted at the general meeting practically at the general meeting, and thus, even if there is any defect in the convocation procedure, it is valid even if there is a defect in the convocation procedure, and the expulsion resolution against the Plaintiff constitutes an urgent case.