총회결의무효확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal, including the costs of supplementary participation, are assessed against the Plaintiffs.
1. The reasons for this Court concerning this part of the facts are as follows: the last 5th sentence of the judgment of the court of first instance, and the part of the "1. Basic Facts" among the reasons for the judgment of the court of first instance, except that the Plaintiff and the Intervenor to the Plaintiff (Appointed Party; hereinafter referred to as the "Appointed Party") are deemed to be “Plaintiffs”, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendant asserts that, in light of the progress of the instant project, there is no benefit to confirm the invalidity of the instant resolution, as long as the instant agreement on the succession of rights and obligations was concluded by the instant resolution and the EP has approved by EP, insofar as the instant agreement on the succession of rights and obligations was approved by EP, there is no benefit to confirm the invalidity of the instant resolution, and in light of the progress of the instant project, Z obtained approval for the use of a new building on the instant land in accordance with the instant agreement on succession of rights and obligations, and sales of commercial buildings and officetels was also carried out.
On the other hand, it is recognized that the lawsuit for confirmation is the most effective and appropriate means to determine the legal status of the plaintiff when the legal status of the plaintiff is unstable and dangerous (see, e.g., Supreme Court Decision 2003Da55059, Dec. 22, 2005). The resolution of this case directly affects the rights or legal status of the defendant's members since it is the content that the defendant transfers all rights to the land of this case to Z. If the resolution of this case is confirmed to be null and void, it is not only the most effective and appropriate means to eliminate anxiety and risk about the legal relation surrounding the disposition of the defendant's rights to the land of this case, but also the defendant is disputing that the resolution of this case is valid. Thus, the plaintiffs, who are the defendant's members, have the interest to seek confirmation on the invalidation of the resolution of
Therefore, it is true.