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(영문) 서울고등법원 2016.09.20 2016나2004790

출계손임원선임결의무효확인의 소

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1. Revocation of the first instance judgment.

2. All of the plaintiffs' lawsuits of this case are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The reasoning for this part of the lower court’s reasoning is the same as that of “1. Basic Facts” in the judgment of the first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The grounds for this part of the plaintiffs' assertion are as stated in the part of "2. plaintiff's assertion" of the judgment of the court of first instance. Thus, this part of the plaintiffs' assertion is cited by the main sentence of Article 420 of

3. In a lawsuit seeking confirmation of invalidity or non-existence on the ground that there is a defect in a resolution to appoint an executive officer of a certain organization for determination of the defendant's main defense, the lawsuit seeking confirmation of invalidity or non-existence of the initial resolution of appointment of an executive officer does not meet the requirements for protection of rights as it comes to seeking confirmation of past legal relations or legal relations, unless there are special circumstances, such as the absence or invalidity due to a defect in the procedure or content, or cancellation of the resolution of appointment of a new executive officer after the appointment of the new executive officer.

(2) On October 3, 2013, the court below held a meeting of executive officers on October 11, 1996; 2002Da25310 on November 13, 2002; and 2013Da37753 on September 4, 2014; etc.) held a meeting of executive officers on October 3, 2013; and held a resolution of appointment of this case on October 3, 2013. The court below appointed a director under subparagraph 1 as a director on November 17, 2015, and held a meeting of executive officers on November 17, 2015 pursuant to the provisions of the Defendant’s Articles of incorporation, and held a meeting of executive officers on November 13, 2002; and held a meeting of executive officers on September 4, 2014;