조합장당선무효확인청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that the Defendant was elected as the head of the C Housing Redevelopment Project Association (hereinafter “C Housing Redevelopment Project Association”) on April 2, 2016 is invalid.
2. Determination
A. The instant lawsuit filed against the Defendant’s individual defense is unlawful as there is no benefit of confirmation.
B. In a lawsuit seeking confirmation of the status of the representative or member of an association which is not a legal entity, a judgment citing the claim shall be rendered.
Even if the judgment cannot be effective to the relevant organization, it cannot be the most effective and appropriate way to resolve the dispute between the parties surrounding the status of the representative or members. Thus, the claim against the representative or members without the organization is unlawful because there is no benefit of confirmation.
(see, e.g., Supreme Court Decisions 91Da12905, Jul. 12, 1991; 201Da10155, Feb. 16, 2015).
Judgment
In light of the above legal principles, the lawsuit of this case is brought against the defendant individual in order to dispute the defendant's status as the president of the association of this case, and even if the plaintiff's claim of this case is accepted, the judgment citing the plaintiff's claim of this case
Even if the judgment cannot be viewed as effective to the association of this case, it cannot be the most effective way to resolve the dispute between the plaintiff and the defendant surrounding the status of representative of the association of this case. Thus, the lawsuit of this case is unlawful as there is no benefit of confirmation.
3. Therefore, we decide to dismiss the instant lawsuit. It is so decided as per Disposition.