1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the defense prior to the merits

A. The Defendant’s assertion was that the Plaintiff elected D as the Plaintiff’s representative at the ordinary meeting held on December 31, 2017, and E is not a legitimate representative of the Plaintiff.

Therefore, the instant lawsuit is unlawful as it is brought by a person without the power of representation.

B. 1) The Plaintiff, at an extraordinary meeting held on December 18, 2017, passed a resolution to select E as the head of a fishing village fraternity. 2) The Plaintiff filed a lawsuit against the Plaintiff for confirmation of invalidity of the resolution elected D as the head of a fishing village fraternity at each extraordinary meeting held on November 9, 2015, and July 27, 2017. The Plaintiff confirmed that the Intervenor was elected as the head of a fishing village fraternity in the Plaintiff’s extraordinary meeting held on December 18, 2017, from the Plaintiff’s special meeting held on December 18, 2017 to the extent that the period of office of the Plaintiff’s head of the fishing village fraternity E was 30,000,000 Gwangju High Court established as Gwangju High Court for Conciliation, etc. (hereinafter “Seoul High Court for Conciliation, 2017”).

3) However, on December 22, 2017, D still asserted that he/she is the head of the Plaintiff’s fishing village fraternity, and notified the Plaintiff’s members of the general meeting convening a general meeting for the resolution of “case of election of the head of the fishing village fraternity,” etc. on December 31, 2017 from the Jindo-gun Q of Jindo-gun, Jindo-gun on December 31, 2017. E, P filed against D an application for the disposition of prohibition of the general meeting holding as the branch of the Gwangju District Court Maritime District Court 2017Kahap34, and received a decision of accepting it from the said court on December 29, 2017. Nevertheless, D held the Plaintiff’s general meeting on December 31, 2017, and dismissed E from the head of the fishing village fraternity, and passed a resolution of selecting him/her as the branch of the fishing village fraternity.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, purport of the whole pleadings

C. When conciliation is established between the parties to the judgment, the rights and obligations relationship based on the previous disputed legal relationship.