임시총회결의 무효확인
1. The part of the judgment of the first instance against the plaintiffO shall be revoked.
2. The plaintiffO's lawsuit of this case shall be dismissed.
3. The plaintiff.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) except for the modification or addition as stated in Paragraph (2) and Paragraph (3) above, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment; and (b) such modification or addition is as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Prior to the amendment of the part concerning the amendment of the trial in question, prior to the amendment of the first instance judgment No. 11 to 5.
2. Determination on the defense prior to the merits
A. The summary of the Defendant’s assertion is that Plaintiff N andO are expelled from the Defendant’s members, and there is no benefit to seek confirmation of invalidity of each of the instant resolutions, and the part against the above Plaintiffs in the instant lawsuit is unlawful.
(b) Determination 1) Gap evidence 3, Eul evidence 1, and 2 (if any, including paper numbers)
According to the purport of each of the statements and arguments, the Defendant opened a board of directors on October 29, 2018 and made a resolution to dismiss Plaintiff N andO from the Defendant’s members (hereinafter “instant expulsion disposition”).
A) The above plaintiffs asserted that there are procedural and substantive defects in the expulsion Disposition of this case, and filed a lawsuit seeking confirmation of invalidity of the expulsion Disposition of this case against the defendant, and the court held that the expulsion Disposition of this case of this case of this case of October 17, 2019 is invalid. According to the above facts of recognition, it is reasonable to deem that the expulsion Disposition of this case against the plaintiff N andO was invalid, since the above plaintiffs are still in the defendant's membership status.
Therefore, the defendant's above assertion on a different premise is without merit.
After Amendment
2. The Defendant’s assertion on the defense prior to the merits is unlawful, since the PlaintiffO was expelled from the Defendant Union and lost its membership, there is no interest in seeking confirmation of invalidity of each of the instant resolutions. Thus, the instant lawsuit by PlaintiffO is unlawful.
each of the evidence 1 and 2 of this title.