(a) Legal relations concerning ratification of invalid acts;

B. Whether there is a benefit in legal action to seek confirmation of invalidity of the previous resolution, where the previous resolution, which has any defect in convening an extraordinary meeting of the fishing village fraternity or in the process, called through legitimate procedures, is ratified;

A. When ratification of an invalidation act, a new juristic act shall be deemed to have been conducted unless there is a legal provision recognizing the retroactive effect, and the same applies to the case of lawful ratification of an invalid resolution after the fact.

B. If a fishing village fraternity ratified the previous resolution that set the criteria for allocation of compensation for losses in an extraordinary general meeting convened and resolved by legitimate procedures, it shall be deemed that the previous resolution was made with the same content as the previous resolution, and even if the previous resolution is null and void, it would have failed to meet the requirements for protection of rights as a lawsuit for confirmation, barring any special circumstances, and therefore, the lawsuit for confirmation of invalidity of the previous resolution shall be dismissed as unlawful, unless there are special circumstances to seek confirmation of legal relations or legal relationship in the past.

A. Article 139 of the Civil Procedure Act

A. Supreme Court Decision 91Da26546 delivered on May 12, 1992 (Gong1992, 183)

Plaintiff 1 and 2 others, Counsel for the plaintiff-appellant-appellee

vice-dong fishing village fraternity

Gwangju High Court Decision 94Na995 delivered on October 5, 1994

All the judgment of the court below and the judgment of the first instance are reversed.

The instant lawsuit is dismissed.

The total costs of the lawsuit shall be three minutes, and one of them shall be the defendant, and the other two of them shall be the defendant, respectively.

1. According to the reasoning of the judgment below, since Defendant 2 was unable to engage in a fish farming business due to the construction of tides by Non-Party 1 by macro-Evidence, and the fishery right in the name of Defendant 1 was extinguished, Defendant 2 received compensation for production losses due to the extinguishment of fishery right or failure to pay attention, various fishing facilities, fishing gear, etc. from the above Agricultural Promotion Corporation, and Defendant fishing village fraternity shall distribute the above compensation for losses to all members at the extraordinary general meeting held on April 27, 1988, taking into account the number of 1,578,155 won for each of the plaintiffs who did not neglect interest at that time during the extraordinary general meeting. According to the reasoning of the judgment below, the court below decided to distribute the above compensation for losses to the above members at the extraordinary general meeting held on December 28, 1990, which was held by each of the above 198 Plaintiffs who did not lawfully exercise the voting right at the extraordinary general meeting on April 27, 1988.

2. As to the first ground for appeal, it shall be deemed that a new juristic act has been conducted unless there is any other legal provision recognizing retroactive effect when ratification of an invalidation act, and the same applies to the case of lawful ratification of an invalid resolution later. Thus, the court below erred in the misapprehension of legal principles as to the ratification of an invalidation act, where the defect of the previous resolution was resolved at the extraordinary general meeting of April 13, 1994 and the court below made a ratification of the previous resolution, and the decision was corrected retroactively and made effective. Thus, the argument on this point is with merit.

3. However, ex officio, according to the facts established by the court below, the defendant fishing village fraternity convened a legitimate procedure. The plaintiffs confirmed the previous resolution that set the criteria for the allocation of compensation for losses at the extraordinary general meeting of April 13, 1994, where the plaintiffs exercised their right to speak and vote, which is a new resolution with the same contents as that of the previous resolution. (According to the statement Nos. 8-1 and 2, the above resolution was adopted at the extraordinary general meeting of April 13, 1994, and it seems that the previous resolution was adopted to confirm the previous criteria for the distribution of compensation for losses, and even if the previous resolution is null and void, it was sought to confirm the legal relations or legal relationship of the past, and thus it does not meet the requirements for the protection of rights as a lawsuit for confirmation, and therefore, the lawsuit of this case shall be dismissed ultimately, unless there are any special circumstances to seek the invalidity of the previous resolution.

4. Therefore, without examining the remaining grounds of appeal, we reverse the judgment of the court below and the judgment of the court of first instance, and dismiss the lawsuit of this case. The total costs of the lawsuit shall be applied Articles 89 and 90 of the Civil Procedure Act, and it is so decided as per Disposition by the assent of all Justices who reviewed the lawsuit

Justices Kim Jong-soo (Presiding Justice)