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(영문) 서울중앙지방법원 2016.04.20 2015가합21559

회원가입취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The purport of the Plaintiff’s assertion is that each of the above organizations was not qualified as a member organization of the Defendant’s articles of incorporation, and that each of the organizations did not undergo lawful procedures necessary for joining, and that each of the following was a case where the Defendant conspired and traded with the Defendant and B.

Therefore, the above resolution should be revoked because it constitutes a false declaration of intention under Article 107 of the Civil Act or a false declaration of intention under Article 108, which constitutes a declaration of intention by fraud or duress under Article 110.

B. A lawsuit seeking the revocation of a membership resolution against the defendant constitutes a lawsuit seeking the alteration and formation of existing legal relations, where the law explicitly provides for the alteration and formation of existing legal relations (see Supreme Court Decision 2000Da45020, Jan. 16, 2001).

However, there is no legal basis for the plaintiff to seek the revocation of the above resolution, and there is no other evidence to acknowledge that there is a legal interest in the plaintiff's lawsuit in the evidence Nos. 1, 2, and 3.

2. As such, the instant lawsuit is dismissed as it is unlawful.