1. The defendant's purport that the defendant's letter of approval of the president of the non-party C Association D (E) on February 15, 2013 is revoked.

1. Basic facts

A. The defendant is the branch of the Korea Sports Council, Incheon Metropolitan City, which is an incorporated association, and C Association (hereinafter “Association”) is the Incheon Branch of the F Association, which is a non-corporate association as the defendant's affiliated sports association.

B. On December 28, 2012, the Association held a regular general meeting of delegates and passed a resolution to appoint D (E) as the president (hereinafter “instant resolution”).

At the time, the Association recognized the qualification as a representative for the five principals of the schools of the Hansan Middle School, the Dong Mancheon Middle School, the Incheon Sports High School, and the Incheon Viewing University, the Association granted the right to attend a meeting of representatives, the right to discuss, and voting rights.

C. On February 15, 2013, the Defendant notified the Association of the approval of the president of D.

[Grounds for recognition] The descriptions of Gap evidence Nos. 4, 6, and 9, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The lawsuit of this case for which the defendant's assertion that the defendant's association is a member competition organization constituted a formation lawsuit in its nature, and where the formation lawsuit is not permitted in the absence of any express provision in law, it is unlawful for the plaintiff's lawsuit of this case.

B. On the other hand, the decision-making claim of this case is that the plaintiffs notify the plaintiffs of the fact that the president's vice president was cancelled on the premise that the president's vice president was the defendant's vice president's vice president's revocation, not the plaintiffs' direct president's revocation claim against the defendant. Thus, this can only be viewed as a performance lawsuit rather than a formation lawsuit

(see, e.g., Supreme Court Decision 2010Da38168, Oct. 14, 2010). Therefore, prior defenses by the Defendant on a different premise are without merit.

3. Judgment on the merits

A. The 1st Plaintiffs’ assertion is that the resolution of the instant case was duly convened, discussed, or resolved in violation of the Association’s regulations, and thus, constitutes an unlawful board of representatives.