1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Basic facts

A. The defendant is a juristic person established by the Local Cultural Institute Promotion Act for the purpose of developing and preserving the unique culture of Seoul FF-gu on January 22, 1997, and the plaintiff A is the director and the remaining plaintiffs are the members of the defendant.

B. On June 10, 2015, G, the former president of the Defendant, announced that he/she applied for registration of the candidate for the head of the D Cultural Institute, and notified the Defendant’s members of the convening of an extraordinary general meeting held on June 26, 2015, with the “election of the president” as an agenda item.

C. Accordingly, at the special meeting held on June 26, 2015 (hereinafter “instant special meeting”), the Defendant passed a resolution to appoint a candidate E as the president solely (hereinafter “instant resolution”).

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 5

2. Whether the lawsuit of this case is lawful

A. The Plaintiffs asserted that the instant resolution was null and void in violation of the Defendant’s articles of incorporation and the election management regulations, and sought confirmation of its invalidation.

B. However, the facts that H was newly appointed as the Defendant’s president around February 22, 2017, when the instant special meeting had resigned from the position of the president after the instant special meeting, and furthermore, during the trial, around February 22, 2017, can be acknowledged by the entry of the evidence No. 17.

C. Thus, even if the resolution of this case is null and void, seeking confirmation of invalidation is seeking confirmation of legal relations or legal relationship in the past, and therefore, the lawsuit of this case is unlawful as there is no benefit of lawsuit

(See Supreme Court Decisions 98Da35754 delivered on December 22, 1998, and 87Meu1280 delivered on April 25, 198, etc.). 3. According to the conclusion, the lawsuit of this case shall be dismissed. Since the judgment of the court of first instance is unfair upon different conclusions, the lawsuit of this case shall be dismissed. As such, E withdraws from the special meeting of this case after the special meeting of this case and the defendant appointed another person from the court of first instance as the president, and the lawsuit of this case is unlawful.