The costs of appeal are assessed against the plaintiff.

As to the claim for nullification and invalidity of the Assembly of Representatives

1. The plaintiff's assertion

On January 20, 1990, the defendant's sub-affiliated sports association, which is the defendant's sub-branch, selected the 6th regular president on which the plaintiff lawfully elected the 6th regular president. The defendant sent a false petition to the defendant that some of the non-qualified representatives participated in the voting. The defendant did not conduct objective investigation and ordered the re-election to the 19th regular president of the 2nd regular sports association without any justifiable reason, disregarding the legitimate resolution of the 190 regular general assembly. Accordingly, the 1st regular representative meeting was held on July 14, 1990 and the 6th regular president was elected by the defendant. However, if the first resolution was valid, the resolution on July 14, 1990 is valid, and the resolution on this procedure is also invalid by the 190th regular sports association's non-qualified representative's non-qualified representative's non-qualified representative's non-qualified representative's non-qualified representative's non-qualified representative's non-qualified representative's non-qualified representative's resolution.

2. Fact-finding and judgment of the court below

A. The Korea Sports Association established pursuant to Article 23(4) of the National Sports Promotion Act and Article 52 of the Defendant’s articles of association and Article 15 of the Regulations on City/Do branches. The appointment of the officer was made by the Defendant, and there was a board of directors composed of the representative general meeting and the chairman, vice-chairman, and directors appointed through the representative general meeting of delegates. According to the amended regulations of the Korea Sports Association, the term of office of the officer appointed by the representative general meeting of delegates is two years, and the term of office of the assistant officer is the remainder of the term of office of the predecessor, and the term of office of the assistant officer was the remainder of the term of office of the predecessor, and the defendant again elected the officers such as the chairman, vice-chairman, etc. at the representative general meeting of delegates on June 22,

B. The term of office of the officer elected at the General Meeting of Representatives of January 20, 1990, seeking confirmation of validity, or the term of office of the officer elected at the General Meeting of Representatives of July 14, 1990, seeking confirmation of validity, has expired as of June 22, 1991. At present, since the newly elected officer at the General Meeting of Representatives of Representatives of the same Day is in active activities of the Korean Sports Association, the plaintiff's seeking confirmation of validity of the resolution of the General Meeting of Representatives of January 20, 1990 and that of July 14, 1990, it is nothing more than a previous legal relationship that does not affect the current legal relationship, and even if the plaintiff had the validity and invalidity of the above resolution, the status of the Chairperson of the Korea Sports Association has already expired and it has become impossible to recover it again, and therefore there is no interest in confirmation.

C. The plaintiff asserted that the resolution of the General Meeting of Representatives of the Korean Sport and Olympic Committee on June 22, 1991 is null and void because it violates the amended provisions, but does not separately seek the invalidity confirmation of the resolution. Thus, the above resolution is valid on January 20, 1990, and the resolution on July 14, 1990 is null and void, and there is no interest in the plaintiff's lawsuit. Thus, this part of the claim is unlawful.

3. Judgment of party members

According to the evidence No. 3 (Amendment of the Regulations of the Korean Sport Association), Article 12 (6) of the Revised Code, which applies to the General Assembly of Representatives of this case, provides that an officer shall perform his duties until he takes office upon the expiration of his term of office. However, even if the resolution of the General Assembly of Representatives of January 20, 1990, which elected the plaintiff as the 6th Chairperson, is valid and the resolution of the General Assembly of Representatives of July 14, 1990, which elected the non-party 1 as the 6th Chairperson, is invalid, the plaintiff cannot restore his status as the 7th Chairperson of the Korean Sports Association or perform his duties unless it is confirmed that the election resolution of the 6th General Assembly of Representatives is null and void, and therefore, it cannot be said that there is no error in the misapprehension of legal principles as to the interest of the 6th General Assembly Chairperson of June 22, 1991.

Although the term of office of the 6th chairman expires, there is a benefit in confirmation for the sake of the plaintiff's reputation or publication, and there is a benefit in confirmation even to eliminate the possibility to act as a obstacle to the next chairman's election. However, even if the record is examined, it cannot be deemed that there is a reason that the plaintiff's appearance or winning in the next chairman's election without obtaining the above confirmation, and it is difficult to accept the claim only for the validity or invalidity confirmation of the above resolution as an appropriate means for infringement of other legal interests or recovery or elimination of legal anxiety. Therefore, there is no reason to discuss.

As to the claim for damages

1. According to the reasoning of the judgment of the court below, the defendant believed that there is a defect in the representatives participating in the reelection of January 20, 1990 as stated in its reasoning, and the three times at the end of the meeting by three candidates and the non-party 2, who had been the former president, the defendant believed that five representatives are defective, and the plaintiff believed the horses of the non-party 3, who have five representatives, and did not want to disconvene the problem of the overseas Koreans, to the mother country, and did not want to solve the problem of the debate by itself, at the 6th regular meeting of the Korean Sports Council Chairperson, the non-party 5 members of the 5th regular election of the 5th regular election of the 5th regular election of the 5th regular election of the 5th regular election of the 5th regular election of the 5th regular election of the 5th regular election of the 5th regular election of the 9th regular election of the 9th regular election of the 5th regular election of the 19th regular election of the 5th representative.

2. In addition, if the facts are as acknowledged by the court below, we agree with the court below's measures that did not recognize tort liability based on intentional or negligent negligence against the defendant corporation, the headquarters of the Korea Sports Association of Korea, and the court below recommended the plaintiff to make a re-election at the level of harmony with the above non-party 2 trusting materials reported by the above non-party 2, and recommended the plaintiff to do so. The plaintiff also stated that the plaintiff agreed to hold a re-election, and it is not appropriate or inadequate to explain that five non-qualified representatives have agreed to participate in the re-election, or that there was an agreement based on the premise that five non-qualified representatives have participated in the voting. However, even if there was a representative qualification, it is difficult to view that the act of the defendant corporation as stated in the judgment of the court below in the facts of this case led to the establishment of tort, and there is no reason to argue that there

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)