1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for this part of this Court is that this part of the basic facts is identical to the corresponding part of the judgment of the first instance, and thus, they are included in the summary under the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on this safety defense

A. Defendant’s assertion 1) Since the new Yangsan City Branch was duly established after the instant disciplinary action and the new officers were elected, the Plaintiffs’ seek confirmation of invalidity of the instant disciplinary action is seeking confirmation of the past legal relations and there is no benefit in confirmation (hereinafter “the first Chapter”).

(2) The Plaintiffs are not members of the new Yangsan City Branch, and there is no standing to seek confirmation of the resolution of the inaugural general meeting on January 21, 2017, or there is no interest in confirmation.

(hereinafter referred to as the “section 2”). (b)

Although a lawsuit for confirmation of relevant legal principles is permitted to eliminate risks or apprehensions in relation to the present rights or legal status, even in the past legal relations, if it is affected by the present rights or legal status, and it is deemed valid and appropriate to obtain a judgment on confirmation of such legal relations in order to eliminate risks or apprehensions in relation to the present rights or legal status (see Supreme Court Decision 94Da4011, Apr. 11, 1995). 2) The fact that the new Yangsan City Branch is established after the dissolution of the previous Yangsan City Branch due to the instant disciplinary action is as seen in the above basic facts.

However, according to Article 2 (7) of the instant provision, since multiple branches cannot be established within the same administrative district, if the instant disciplinary action is null and void and the Dong Yangsan City Branch remains, the Defendant’s establishment of the new Yangsan City Branch at the Yangsan City where the Gu Yangsan City Branch exists shall be deemed to violate the said provision.

Thus, as the plaintiffs, the judgment on the validity of the disciplinary action of this case is rendered.