종중총회결의무효확인청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition to paragraph (2) of the judgment as to the assertion emphasized by the defendant in this court, the reasons for the judgment of the court of first instance are as follows.
(The main text of Article 420 of the Civil Procedure Act). The 8th two parallels in the judgment of the court of first instance, "No. 9", shall be written with "No. 10".
Then, “If the defendant contests this, the benefit of confirmation shall also be recognized to the plaintiffs” shall be added to the 10th sentence and 4th sentence of the first instance judgment.
2. Additional determination
A. The general assembly of this case, based on the summary of the defendant's assertion, failed to proceed smoothly as the plaintiffs interfere with its progress without any justifiable reason.
The plaintiffs' own interference with the general assembly of this case and filing the lawsuit of this case on the basis of the interference with the general assembly of this case and claiming the invalidity of the resolution of this case cannot be permitted against the principle of good faith.
B. The principle of trust and good faith under the Civil Act is an abstract norm that the parties to a legal relationship should not exercise their rights or perform their duties in a manner that violates the principle of trust and good faith, taking into account the other party’s interest, and provided good faith to the other party to deny the exercise of such rights on the ground that it violates the principle of good faith.
In light of the concept of justice, it is necessary that the other party should have a legitimate state from an objective perspective, and the exercise of rights against the other party's faith should reach such an extent that it is not acceptable in light of the concept of justice.
(See Supreme Court Decision 9Da53490 delivered on May 15, 2001, etc.). The following circumstances, i.e., the first instance court acknowledged as appropriate prior to the submission of the agenda of the instant general meeting to the instant general meeting, which are acknowledged as being comprehensively based on the overall purport of the evidence duly adopted and investigated by the first instance court, are disputes between the Defendant and the Defendant’s Defendant.