1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

The defendant's assertion as to this safety defense is an organization operated with the chairperson's contributions, etc. for the term of office of the chairperson, and is merely a subordinate organization of the Daejeon Metropolitan City Sports Council, which is one of the organizations of the Korean Sport Association, and cannot be viewed as a non-corporate body. In addition, even if it is a non-corporate body, it does not exist after dissolution of the lawsuit in this case. Thus,

Judgment

Article 52 of the Civil Procedure Act recognizes the capacity of a non-corporate association as a party to an association even though it is not a juristic person, where it has an entity as an association and conducts social activities or transactions through its representative or manager, disputes arising therefrom are intended to be resolved through a lawsuit in its own name by the organization as a party to the lawsuit. Thus, the term "association" refers to a group of many persons organized for a certain purpose, which is an organization with a provision regarding an organization externally representing an association.

(See Supreme Court Decision 97Da18547 delivered on December 9, 1997). One of the subordinate organizations of an incorporated association, if it has the substance as above and performs its independent activities, may be deemed as an unincorporated association separate from that of an incorporated association.

(See Supreme Court Decision 2006Da60908 Decided January 30, 2009). In full view of the evidence evidence Nos. 6 through 8 and Eul Nos. 4 through 7, the whole purport of the pleadings is as follows: (a) Defendant is related to the activities of the Daejeon Metropolitan City Sports Council; and (b) is required to obtain approval or authorization from the Daejeon Metropolitan City Sports Council in terms of the appointment of the president, business plan, draft of budget, settlement of accounts, etc.; (c) however, Defendant has independent articles of incorporation to establish an organization such as a general meeting, a general meeting of representatives who are decision-making agencies, a board of directors who are executive agencies, and a chairman who is its representative, a general meeting, and its organization.