회장선임결의무효확인
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The plaintiff's claim against the defendant Eul, an incorporated association, is dismissed.
3...
1. On November 13, 2008, the Plaintiff’s summary of the Plaintiff’s claim is selected as the president of the branch of the Defendant Incorporated Association’s Province and maintains its status until now with the qualification of ex officio representative of the Defendant Incorporated Association. The Defendant Incorporated Association, at the General Meeting of Representatives on June 11, 2015, appointed Defendant C as the president (hereinafter “instant resolution”) not only did the Defendant Incorporated Association did not give notice to the Plaintiff, etc., but also did not have been prepared only in the minutes, and therefore, it appears that the instant resolution was invalid.
2. Determination as to the defendants' main defense
A. On October 31, 2012, the Plaintiff revoked the registration and permission of a game providing business, which became disqualified as a member of the Defendant’s incorporated association, and thereafter did not go through the procedures for re-Joining as a member of the Defendant’s incorporated association. The Plaintiff is not a member of the Defendant’s incorporated association, and there is no legal interest in seeking confirmation that the instant resolution is null and void.
B) Even if the Plaintiff is a member of the Defendant Incorporated Association, the Plaintiff was not selected as the representative of the Defendant Incorporated Association because it was not a member of the General Assembly of Representatives of the Defendant Incorporated Association. As such, the Plaintiff is not a member of the General Assembly of Representatives of the Defendant Incorporated Association, and the Plaintiff is not in the position to elect the president of the Defendant Incorporated Association or be elected as the president. Therefore, there is no legal interest to seek confirmation that the instant resolution is null and void. (ii) In order to have the interest in confirmation in a lawsuit seeking confirmation of the relevant legal principles, there is a risk proposal existing in the rights or legal status of the complainer according to the relevant legal relations, and it is necessary to immediately determine the risk by the ruling for confirmation to remove the risk
Supreme Court Decision 201Na1448 delivered on August 20, 2004