조합원총회결의 부존재 확인 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for an additional determination as to the lawfulness of the lawsuit of this case as described in paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be determined additionally
A. 1) In a lawsuit seeking confirmation of invalidity of a resolution replacing the president of a reconstruction association on the ground that there is a defect in the resolution replacing the president of a reconstruction association, the lawsuit seeking confirmation of invalidity of the resolution to replace the president of the association is due to the expiration of the term of office or resignation, etc., and if the person appointed as the president of the association was duly appointed by the resolution, the lawsuit seeking confirmation of invalidity of the resolution to replace the president of the association would result in lack of the requirements for protection of rights. However, the lawsuit seeking confirmation of invalidity of the initial resolution to replace the president of the association would result in lack of legal interest in seeking confirmation of the legal relationship or legal relationship in the past. However, in the case of special circumstances such as where the resolution to appoint the president of the association is found nonexistent or invalid due to procedural defect or cancellation, there is no legal interest in seeking confirmation of invalidity of the resolution to replace the president of the association after the initial resolution to appoint the president of the association on the ground that the resolution to appoint the president of the association was adopted by the president of the association (i.e., the person asserted without authority).