선거무효확인 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
With respect to this case for which the plaintiff seeks confirmation of the invalidation of the election of the chairperson of the 21st chapter of the defendant, the defendant has no interest in seeking confirmation of the invalidation of the election of the chairperson as long as the plaintiff is not a member of the defendant.
In the lawsuit of confirmation, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the present rights or legal status, and thereby, it is the most effective and appropriate means to judge the plaintiff as the confirmation judgment in order to eliminate the risk of uncertainty when the plaintiff's legal status is at risk.
On March 10, 2018, the plaintiff was retired from office on March 10, 2018, and the fact that the plaintiff was no longer a member of the defendant is not a dispute between the parties. Therefore, the defendant's election of the chairperson of the 21th chapter cannot be viewed as a danger of the plaintiff's legal status, and therefore, the interest
The defendant's defense pointing this out is justified.
Therefore, since the lawsuit of this case is unlawful as there is no benefit of confirmation, it is decided as per Disposition by the assent of all participating Justices.