결의무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 19, 2018, the Plaintiff’s assertion was appointed as the Defendant’s Vice-Chairperson and the Secretary-General, who was delegated by the board of directors C.
After that, at the third meeting of the chairman in 2018 held on April 9, 2018, the defendant presented and resolved a case of the secretary general to the plaintiff, and the decision was made to hold the fifth meeting in July 17, 2018 and not to elect the plaintiff as the secretary general (hereinafter referred to as the "resolution of this case").
However, although the defendant's rules do not stipulate the duties or authority of the president, the defendant has made the resolution of this case through a non-voting chairperson's non-voting group, so the above resolution is null and void due to serious procedural defects.
Therefore, the Plaintiff seeks confirmation of invalidity of the instant resolution against the Defendant.
2. Determination on the defense prior to the merits
A. As to the above argument by the plaintiff, the defendant did not have been elected as a legitimate Secretary-General in accordance with the rules of the defendant's association, and the chairperson's board was allowed to temporarily serve for unpaid pay, honorary pay, and part-time service. Thus, the lawsuit of this case is unlawful because there is no benefit of confirmation, and thus the lawsuit of this case is unlawful.
B. (1) The benefit of confirmation in a lawsuit for confirmation is acknowledged in cases where the parties conflict with respect to the legal relationship subject to confirmation and thereby, the obtaining of a judgment is the most effective and appropriate means to eliminate the risk of apprehensions when there is apprehensions about the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decisions 2009Da93299, Feb. 25, 2010; 2012Da17585, Aug. 23, 2013). (2) In light of the above legal principles, according to each of the records of health stand, Gap evidence 1 and evidence 2 (including each number), the defendant’s chairperson delivers a letter of intention to the Plaintiff on March 19, 2018; and the chairperson at the second meeting of April 3, 2018 as the secretary general.