The judgment below is reversed and the case is remanded to Seoul High Court.

Judgment ex officio is made.

A lawsuit of formation aimed at forming a legal relationship may be instituted only in the case where the law explicitly provides for the formation of a legal relationship.

(1) In the event that the Defendant Association seeks to revoke the decision to invalidate the election of the head of the Defendant Association B, which was made by the Defendant Association against the Plaintiff, the instant lawsuit constitutes a lawsuit for formation, and thus, constitutes a lawsuit for the revocation of the decision to invalidate the election of the head of the Defendant Association B, and there is no express provision that the Defendant Association may seek the revocation of the decision to invalidate the election of the head of the Defendant Association B.

Therefore, the instant lawsuit is unlawful.

Nevertheless, the lower court, unlike the first instance court, neglected this, and further deliberated and determined on the merits of the claim. In so doing, the lower court erred by misapprehending the legal doctrine on the subject of formation litigation.

Therefore, without examining the grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.