1. Revocation of the first instance judgment.

2. C in the representatives’ meeting held by the Defendant on April 20, 2018 as the head of a fishing village fraternity.

1. Basic facts

A. Pursuant to Article 15 of the Fisheries Cooperatives Act, the Defendant is a fishing village fraternity established in the Republic of Korea (hereinafter referred to as “Duri”) branch of the Dauri-gun, Jeonnam-gun, and the Plaintiff is a member of the Defendant’s fraternity.

B. E was elected as the Defendant’s leader around January 2015, and at the time, the term of office of the president under the Articles of Incorporation was three years.

On the other hand, E was prosecuted as the facts charged of occupational embezzlement around July 2017 by the Gwangju District Court 2017Kadan1399 and was under criminal trial.

C. On April 2018, eight village development members consisting of Dri each election of one operating committee member and two to six representatives for each village, following a meeting of the first patrol officer.

On April 16, 2018, Defendant G reported to the president of the H Association (hereinafter referred to as “H”) the list of members and delegates of the B fishing village fraternity in 2018. D.

G convened the board of representatives on April 16, 2018 as an agenda item “the audit report, the settlement report of accounts in 2017, the election of executive officers, etc.,” and delegated the I with all the powers of the board of representatives convened on April 20, 2018.

E. On April 20, 2018, the Defendant, as the presiding official of I, held a meeting of delegates in 2018 (hereinafter “instant meeting of delegates”), and the participants selected C as the presiding official of the Defendant (hereinafter “instant resolution”).

[Reasons for Recognition] The facts without dispute, Gap evidence 2, Eul evidence 1-12, and 14 (including the number; hereinafter the same shall apply), the witness I of the first instance trial, the witness K of this court's testimony and the purport of the whole pleadings

2. The auditor G, who is not a legitimate convening authority of the Plaintiff’s assertion, convened the instant council of delegates, and the progress of the instant council of delegates was not G.

In addition, G did not include the agenda to be elected as executive officers in the notice of convening the meeting of this case, the newly elected representatives in violation of the procedures stipulated in the articles of association constituted the meeting of this case, and among the representatives, those who are not qualified as fishing village fraternity members included the quorum.