종회결의 무효확인등
1. Revocation of a judgment of the first instance;
2. All of the instant lawsuit is dismissed.
3. The total costs of the lawsuit shall be borne by the defendant.
Judgment ex officio is made.
In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer of a certain organization on the ground that the resolution was defective, the lawsuit seeking confirmation of invalidity or non-existence of the resolution to appoint an executive officer does not meet the requirements for protection of rights because it was attributable to seeking confirmation of the past legal relations or legal relations, unless there are special circumstances such as where the resolution to appoint an executive officer is non-existence or nullity due to the expiration of the term of office or resignation, etc. and subsequent appointment of a new executive officer.
(1) In light of the overall purport of evidence No. 4-1, No. 4-2, and No. 8-1, and No. 8-2 (hereinafter “instant resolution”) and the overall purport of pleadings, the Defendant’s resolution was made to appoint C as the chairperson at the closed general meeting of December 20, 2014 (hereinafter “instant resolution”). However, the Defendant’s acting director was convened on January 21, 2018 when the Defendant’s acting director was convened during the trial, and there was a new resolution to appoint C as the chairperson from the Defendant’s extraordinary general meeting of January 21, 2018.
Examining these facts in light of the legal principles as seen earlier, the instant lawsuit seeking confirmation of the invalidity or absence of the resolution of this case came to be seeking confirmation of the past legal relations or legal relationship, and thus, did not satisfy the requirements for protection of rights.
Therefore, the judgment of the court of first instance cannot be maintained as it is, since the lawsuit of this case has no benefit of all lawsuit and is unlawful.
Therefore, the judgment of the first instance court is revoked, and the entire lawsuit of this case is dismissed, and the total cost is assessed against the defendant. It is so decided as per Disposition.