1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne by each party.

1. Details of the disposition;

A. On May 14, 2012, the Plaintiff was commissioned as a resident autonomy member (auditor) of the Dongdaemun-gu Incheon Metropolitan City for a two-year term of office, and was reappointed on May 14, 2014.

B. On December 23, 2014, the Defendant notified the Plaintiff of the purport that he/she will be dismissed from the residents' autonomous council as of December 23, 2014 pursuant to Article 20(1)4 and 5 of the Gangnam-gu Incheon Metropolitan City Ordinance on the Establishment and Operation of the residents' autonomous council (Amended by Ordinance No. 1244, May 15, 2015; hereinafter “instant Ordinance”).

(hereinafter “Notification of this case”). 【No dispute exists, Gap evidence Nos. 1 and 2, Eul evidence No. 12, and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. On May 14, 2014, the Plaintiff asserted that he/she was reappointed as a resident autonomous council member of two years of his/her term of office. The Plaintiff’s lawsuit of this case is merely seeking the revocation of the disposition regarding past legal relations, and thus there is no legal interest in seeking the revocation of the instant notification or seeking the confirmation of invalidity of the declaration of his/her dismissal.

B. Where a person who intends to become a member of an arts organization was commissioned by a local government for a certain period of time before the expiration of such period and then his/her intention of dismissal expires, even if the appointment period expires, unless there is any provision that grants the duty of re-commissioning for the member whose appointment period expires, the member loses his/her status as a member due to the expiration of the appointment period and is unable to recover his/her status. Thus, the claim for nullification of the dismissal in this case is nothing more than seeking confirmation of past legal relations, and thus there is no benefit of confirmation. However, even if it is a past legal relationship, it affects the current right or legal status, and it is intended to eliminate the risk or apprehension of the present right or legal