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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 22, 2019, the Plaintiff’s term of office expired, etc., the Defendant constituted an election commission to elect the executives of an association, such as a new president, through the board of representatives on July 24, 2019.
B. On August 16, 2019, the Defendant: (a) attended a meeting on August 31, 2019 to make a resolution on the appointment of executive officers, such as the president of the partnership; (b) made a public announcement of convening an ordinary general meeting of shareholders of the contents that the written resolution would be submitted by visit or mail by no later than 5 p.m. on August 30, 2019; and (c) sent ballot papers.
C. The public relations personnel of the consulting company that entered into the business agreement with the Defendant urged its members to submit a written resolution at an ordinary general meeting or by mail.
Accordingly, from August 21, 2019 to August 30, 2019, seven members submitted a written resolution directly to the defendant's office, 18 members submitted a written resolution by mail, and 89 members sent a written resolution to public relations personnel to the defendant. D.
On August 31, 2019, at the Defendant’s ordinary meeting held on August 31, 2019, 37 of the total number of 173 members were present, and 110 members passed a resolution on the agenda for the appointment of executive officers of the partnership, such as the president of the partnership (the 43 members were present) through the submission of the written resolution as above, and as a result, C was selected and appointed as the head of the Defendant’s partnership, and other D, E, F, G, and H as the Defendant’s director, and I as the Defendant’s auditor, respectively.
(hereinafter referred to as the “instant resolution”). Article 15 (Executives) of the Articles of Incorporation of the Defendant’s association, the following officers shall be assigned to the association:
1. One head of the partnership;
2. Not more than six directors;
3. Not more than two auditors.