The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The plaintiffs' total cost of litigation.

Judgment ex officio is made.

In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an officer of a certain organization on the ground that there is a defect in the resolution to appoint the officer, if the person appointed by the resolution is no longer in the position of the officer due to the expiration of the term of office or resignation, etc., and the new officer is appointed thereafter, the lawsuit seeking confirmation of invalidity or non-existence of the resolution to appoint an officer is incidental to seeking confirmation of the past legal relations or legal relationship, and thus failing to meet the requirements for protection of rights, unless there are special circumstances such as where the resolution to appoint an officer is non

(see, e.g., Supreme Court Decisions 96Da24309, Oct. 11, 1996; 2002Da25310, Nov. 13, 2002). According to the records, the Defendant was dismissed from office by resignation from the president of F University on March 27, 2018, which was after the date of closing the argument of the lower court, and the Defendant was elected from the president’s election of president implemented on May 10, 2018, and was in office as the president from June 1, 2018.

Examining these facts in light of the legal principles as seen earlier, the instant lawsuit seeking confirmation of absence of the president’s status is derived from seeking confirmation of the past legal relationship or legal relationship, and thus lacks the requirements for protection of rights.

Therefore, the judgment of the court below cannot be maintained as it is, since the lawsuit of this case has no benefit of lawsuit and is unlawful.

Therefore, the judgment of the court below is reversed, and this case is sufficient for the Supreme Court to directly render a judgment, and it is decided to revoke the judgment of the court of first instance, and dismiss the lawsuit of this case, and the total costs of the lawsuit are borne by the plaintiffs. It is so decided as per Disposition by the assent