1. The instant lawsuit shall be dismissed.

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

1. Whether the lawsuit of this case is legitimate

A. The gist of the Plaintiff’s claim was the 14th presidential election of the B Federation (hereinafter “instant election”). On January 14, 2016, the Plaintiff had six copies of the said 22 ballot papers, which were different from the rest, and only three election management members without witness of the candidate’s witness, in violation of the regulations on the management of executive officers and in the voting and ballot counting process, carried out in a closed manner without witnessing the candidate’s witness. In so doing, the Plaintiff asserted that the instant election was divided into ballot papers and that the result was manipulated, and accordingly, he/she sought confirmation of the absence or invalidity of the resolution of the general meeting of the B Federation on December 8, 2015 and the resolution of the board of directors of the B Federation on January 14, 2016, which decided to recommend C as the chairperson.

B. We examine ex officio the legality of the instant lawsuit.

1) Even one of the subordinate organizations of an incorporated association, if it has the substance as an organization and is engaged in independent activities, it may be deemed as an unincorporated association independent from the incorporated association (see Supreme Court Decision 2006Da60908, Jan. 30, 2009). (2) According to the overall purport of Gap evidence 1 through 3, Gap evidence 4 (including serial number), and pleadings, although the B federation did not complete the registration of a separate corporation as the defendant’s subordinate organization, it can be acknowledged that it has the general assembly and the board of directors, which are separate from the defendant’s subordinate organization, and is elected by itself.

According to the above facts of recognition, B shall be an unincorporated association separate from the defendant, and since the non-corporate association has the capacity to be a party in a lawsuit, as long as the plaintiff seeks revocation of the resolution of the board of directors and the general meeting of the B federation, the other party in the lawsuit in this case shall be not the defendant but the B federation.

3. Therefore, the instant lawsuit is qualified as a party.