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(영문) 서울동부지방법원 2016.10.27 2016가합103871

종중총회결의부존재(무효)확인

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

We examine the legitimacy of the instant lawsuit.

In a lawsuit for confirmation, there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is recognized as the most effective and appropriate means to determine the plaintiff's legal status as the confirmation judgment to eliminate the risk of uncertainty (Supreme Court Decision 2009Da93299 Decided February 25, 2010). The plaintiff primarily confirms the absence of each resolution listed in the separate sheet (hereinafter "the resolution of this case") made by the defendant on April 1, 1970 at a clan general meeting held on April 1, 1970 and sought confirmation of the invalidity of the resolution of this case, the defendant asserts that each resolution listed in the separate sheet is a resolution made by each defendant's clan general meeting held on April 1, 1977 and 1982, not on April 1, 1970.

Ultimately, there is no dispute between the parties as to the absence of the resolution of this case. Thus, the lawsuit of this case seeking confirmation of the absence or invalidity of the resolution of this case is unlawful as there is no dispute between the parties on the legal relations, or it is not the most effective and appropriate means to determine by the confirmation judgment to eliminate the risks of legal status unstable.

Therefore, the defendant's prior defense pointing this out is justified.

Therefore, the lawsuit on the main and ancillary claims of this case is unlawful and dismissed, and it is so decided as per Disposition.