1. The plaintiff's claim is dismissed.

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

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. On January 2015, E was elected as the Defendant’s leader. At the time, the term of office of the leader of the Defendant’s Articles of Incorporation was set at three years, and the term of office of the leader of E was expired on January 2018.

On the other hand, E was prosecuted for suspicion of occupational embezzlement, etc. around July 2017.

(C) The Magju District Court 2017 Highest 1399).

In April 2018, eight village development members, such as F village forming Dri, were elected by one operating committee member and two to six representatives for each village through the first meeting on April 2018.

On April 16, 2018, the Defendant’s auditor G reported the list of the members of the fishing village fraternity and the representatives to the president of the H association (hereinafter “H”) on April 16, 2018.

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

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

[Grounds for recognition] A. 2, Eul evidence Nos. 1 through 12, and 14 (including serial numbers; hereinafter the same shall apply), the witness I’s testimony, and the purport of the whole argument of the plaintiff as a whole, the auditor G, who is not a legitimate convening authority, convened the board of representatives of this case. The resolution of this case was adopted at the board of representatives comprised of new representatives in violation of the procedures stipulated in the articles of association. Thus, the resolution of this case is null and void.

Judgment

As to the defendant's articles of incorporation, the plaintiff's articles of incorporation revised around January 2017 is "No. 1, hereinafter referred to as "Articles of incorporation in 2017".

The defendant asserts that the articles of incorporation of the Ministry of Oceans and Fisheries is the defendant, and No. 2016-00 is announced by the Ministry of Oceans and Fisheries.