1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

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

1. On June 19, 2007, the Plaintiff agreed to receive B’s operating rights from K, which is the founder of a social welfare foundation B (hereinafter “B”).

(hereinafter “instant agreement”). On July 7, 2007, after the resolution of the board of directors, the Plaintiff paid the money required by K for such payment, and was appointed as the representative director B, and the effect of the resolution was null and void on the ground that the Plaintiff’s relative includes a director.

The head of the Busan Metropolitan Government Shipping Authority has appointed temporary directors due to the vacancy in the prescribed number of the directors in B, and the defendant who is the substantial supervisory authority in B and is entitled to appoint temporary directors is obligated to confirm that he has acquired the right of operation in B from K which the plaintiff has established.

2. We examine ex officio the interest in confirmation.

A lawsuit for confirmation does not necessarily have a legal relationship between the parties, but can also be the subject of the legal relationship between one of the parties and a third party or between the third parties.

In order to have the interest to confirm the legal relations, there should be a danger or omission existing in the claimant's rights or legal status according to the legal relations, and in order to eliminate the danger or omission, it is necessary to immediately be confirmed by the confirmation judgment subject to the confirmation of the legal relations, and it should be the most effective and appropriate means.

(See Supreme Court Decisions 94Da23388 delivered on November 8, 1994, and 2008Da96963, 96970 delivered on February 25, 2010, etc.). In light of the aforementioned legal principles as to the benefit of confirmation, even if the Plaintiff was verified on the validity of the instant agreement from the Defendant, who is the supervisory authority B, it is difficult to view that there is any change in the Plaintiff’s rights or legal status, or that the existing risk is removed, and it is difficult to view that the other party to the instant agreement is a party to the instant agreement.