1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

ex officio, we examine the legitimacy of the instant lawsuit.

A lawsuit for the formation of a new legal relationship for the purpose of changing or forming the existing legal relationship may be brought only where a legal provision is explicitly provided in the law.

(1) A lawsuit seeking dissolution of a cooperative on the ground of the destruction of trust relationship constitutes an action for formation of a legal relationship with the aim of modification and formation of existing legal relations. Thus, the instant lawsuit is unlawful on the ground that there is no legal ground to bring such a lawsuit.

(1) Article 720 of the Civil Act provides, “In extenuating circumstances, each partner may demand dissolution of the partnership.” However, this provision only provides for a claim under the substantive law that can be sought dissolution by unilateral declaration of intent, but does not provide for a ground for the action for formation. Therefore, the instant lawsuit shall be dismissed, but the costs of the lawsuit shall be borne individually.