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(영문) 광주고등법원 2019.08.30 2019나20909

종중회의결의무효확인 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance shows the whole purport of the pleading, the fact-finding and judgment in the court of first instance are justified

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. As such, the Plaintiff’s lawsuit of this case is unlawful as there is no benefit of confirmation. Thus, it must be dismissed.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.