The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Determination as to the legitimacy of the instant lawsuit

A. The gist of the parties’ assertion is that the Defendant, on December 2, 2016, conducted an election for the chairperson (hereinafter “instant election”), and decided C as the elected person, and that the said election has any defect such as exercising the voting right by a person who is not entitled to vote but by a person who is not permitted to vote on behalf of the chairperson, the decision that C made the above election as the elected person by the chairperson of the Defendant is invalid.

The defendant asserts to the effect that the plaintiff is not a member of the defendant, and that C has resigned from the defendant's office, and that the lawsuit of this case does not have a benefit of confirmation.

B. 1) In a lawsuit seeking confirmation of invalidity of a decision made as the elected person on the ground that there is a defect in the decision made as the elected person through an election, if a person who was elected as the officer no longer holds the position of the officer, such as expiration of the term of office or resignation, the lawsuit seeking confirmation of invalidation of the original decision made as the elected person is seeking confirmation of the past legal relations or legal relationship, and there is no benefit in confirmation (see, e.g., Supreme Court Decision 2004Da1448, Apr. 28, 2004). The fact that C, who was elected as the defendant's chairperson, resigned from the office around October 15, 2017, can be recognized by each entry in the evidence No. 20 and No. 21, and thus, the lawsuit of this case seeking confirmation of invalidation of the decision made as the elected person as the elected person, barring any special circumstance, the plaintiff shall seek confirmation of the past legal relations or legal relationship, and the defendant shall resign within two months thereafter.