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(영문) 대법원 2020.10.29 2020다203534

총회결의 부존재확인 청구의 소

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All appeals are dismissed.

The costs of appeal are assessed against the Intervenor, and the remainder are assessed against the Intervenor.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the court below maintained the first instance court which determined that the defendant's non-existence of the resolution of each general assembly of this case was nonexistent and that there was a benefit to confirm the absence of the resolution of each general assembly of this case to the plaintiffs who are the defendant's members.

Examining the record in accordance with the relevant legal principles, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the criteria for determining clans and similar organizations in unique meaning, burden of proof

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the Defendant’s Intervenor and the remainder are assessed against the Defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.