회장 직무대행 효력정지 등
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
The Plaintiff, who was acting for the president of the D Apartment Course on October 29, 2019, filed by the Defendant against the Defendant, is seeking confirmation of the invalidity of the resolution by which the Defendant elected the Defendant as the president at the extraordinary general meeting of the D Apartment Course.
A resolution of appointment of officers of a juristic person or an association which is not a juristic person under the Civil Act is an organization's decision-making which is the subject of legal relations. Therefore, the organization's decision-making is subject to a judgment that confirms the existence or validity of a resolution of appointment, but can effectively eliminate the risk or apprehensions about the legal status arising from such resolution. In a lawsuit seeking confirmation as to the invalidity of a decision of election of officers or a lawsuit seeking confirmation as to the status of the representative or member of an association which is not a juristic person, the judgment citing the relevant claim is issued.
Even if the judgment cannot be effective to the relevant organization, it cannot be the most effective way to resolve the dispute between the parties surrounding the status of the elected person, representative, or member. Thus, the claim against the elected person, representative, or member cannot be the most effective way to resolve the dispute. Thus, the claim against the elected person, representative, or member is unlawful because there
(See Supreme Court Decision 91Da12905 Decided July 12, 1991, Supreme Court Decision 91Da37683 Decided May 12, 1992, Supreme Court Decision 201Ma247 Decided May 13, 201, Supreme Court Decision 2011Ma247 Decided February 16, 201, and Supreme Court Decision 2011Da10155 Decided February 16, 201).
Even if the judgment is valid, it does not extend to the Gyeyang-gu Branch of D Apartment Course Association or C Organizations, and the lawsuit in this case is the most effective and appropriate way to resolve the dispute.