1. It is confirmed that a resolution that appoints C as the president of BMerchant at an extraordinary general meeting of the Defendant on August 22, 2016 is null and void.

2...

1. Basic facts

A. The plaintiff is a person who is in charge of the chief vice-chairperson of the defendant's merchants' association, and the defendant is a merchant organization comprised of merchants in B located in the Gyeongbuk-do D.

B. As the Defendant’s general secretary-general embezzled part of the Defendant’s membership fees and supporting funds, F, who was the Defendant’s Chairperson, was liable for this case and resigned on August 7, 2016.

On August 7, 2016, the Defendant’s auditor G and H notified market merchants of holding an extraordinary general meeting at 3 p.m. on the day through broadcasting facilities installed in the market on August 7, 2016, and the above extraordinary general meeting (hereinafter “8.7 general meeting”) held on the same day constituted an emergency countermeasure committee consisting of 10 members, including Defendant C’s chairperson, and this emergency countermeasure committee resolved to automatically dissolve them by selecting the next president by August 31, 2016.

C. On August 12, 2016, the Emergency Countermeasure Committee announced an election to be held from August 12, 2016 to August 17, 2016 as “5:00 during the period of application for candidate registration” and “10:0 from August 22, 2016 to 3:00 from August 22, 2016 at the election day.” On August 22, 2016, the Emergency Countermeasure Committee convened a general meeting (hereinafter “instant general meeting”) and held a new president election, and C was elected as the president.

hereinafter the above resolution of election of the chairman is called the "resolution of the general meeting of this case".

(d) Of the Defendant’s articles of incorporation, the provisions pertaining to acting as the president and convening an extraordinary general meeting are as follows: [BMerchants’ articles of incorporation] Article 17 (General Meeting) (3) The president shall be the president of the general meeting.

(2) An extraordinary general meeting shall be convened by the chairperson in any of the following cases:

1. Where the Speaker or the board of directors requests a meeting;

2. When a fifth or more of all members request the holding of a meeting with their consent;

3. Where an auditor makes a request for resolution of an urgent matter with the consent of the board of directors.