1. The instant lawsuit shall be dismissed.

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

Basic Facts

A. The defendant is a corporation established with the purpose of contributing to national development by subsidizing scholarships and research expenses to outstanding human resources in order to contribute to the general interest of society.

On September 18, 2009, the Plaintiff was appointed to the president, who is a director with the Defendant’s power of representation, and retired on April 30, 201 after the expiration of the term of office of his predecessor. On October 24, 2011, the Plaintiff again retired on October 24, 201.

B. As of October 23, 2015, the minutes of the board of directors were prepared to the effect that the Defendant’s board of directors (hereinafter “Board of Directors”) was held and the resolution in the attached Form (hereinafter “instant resolution”) was made.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 12 (including branch numbers; hereinafter the same shall apply), the argument of the parties to the whole pleadings

A. The Defendant asserted that the Plaintiff did not convene or hold a board of directors, and prepared the minutes of board of directors at his discretion as if the resolution was made by holding a board of directors, which led to the absence of the resolution of this case.

The Plaintiff, as the former president of the Defendant, has not been appointed as a new president after the Plaintiff, maintains the Defendant’s position as the president until now. As the Plaintiff’s position is unstable due to the instant resolution, it is sought to confirm the absence of the instant resolution.

B. In practice of the Defendant’s assertion, the president of the C Association concurrently held office as the Defendant’s president. The Plaintiff, while serving as the president of the C Association, retired from the Defendant’s office on August 31, 2015, or lost the Defendant’s position as the president upon the expiration of the term of office on October 24, 2015. Therefore, there is no benefit to seek confirmation of the absence of the instant resolution.

Judgment

Despite the expiration of the term of office of a director of a corporation under the Civil Act, he has resigned.