1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On May 30, 2009, the Plaintiff was a non-corporate association composed of the members of the Busan, Ulsan, and the members of the clan in the area of the Gyeongnam branch of C, and D was appointed as the president of the Plaintiff’s general meeting on May 30, 2009. The Defendant was in charge of the Plaintiff’s financial affairs around May 2010.

B. On January 23, 2010, D prepared a resignation letter stating that “I, in the course of performing their duties as the president, resign from the position of the President, I shall take effect at the regular meeting of 2010.”

C. On May 15, 2010, D retired from the Plaintiff’s ordinary meeting claiming that the resignation is null and void. On May 29, 2010, E, a vice-chairperson of the Plaintiff, convened a vice-chairperson meeting on May 29, 2010, and was elected as an acting president at the above meeting, and D convened an extraordinary general meeting as the chairperson’s qualification and re-appointed D from the above extraordinary general meeting as the chairperson.

Upon the ongoing dispute between D and E, the Plaintiff’s members obtained the permission to convene an extraordinary general meeting on September 27, 201 with the Busan District Court 201 non-conforming53 as the subject matter of the appointment of the new president. On October 15, 2011, the Plaintiff’s members held an extraordinary general meeting on October 15, 201 and appointed D again as the Plaintiff’s president, and thereafter, the legal dispute between D and E continued, and on May 23, 2015, F was appointed as the Plaintiff’s president at the Plaintiff’s ordinary meeting.

E. Meanwhile, on May 10, 2010, the Defendant withdrawn KRW 2.5 million from the post office account under the Plaintiff’s name (hereinafter “instant account”).

[Ground of recognition] Facts without dispute, Gap's evidence 6 to 12, 26 evidence, Eul's evidence 1, 2, 3, 7, 9 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant voluntarily withdraws the money of this case, which is the membership fee of the plaintiff.