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(영문) 서울고등법원 2021.02.04 2020나2023620

해임의결 무효 확인

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The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. The reasoning for this part of this Court is as stated in Paragraph 1 among the reasons for the judgment of the first instance court. Thus, the meaning of the language used in accordance with the main sentence of Article 420 of the Civil Procedure Act is citing it as it is (hereinafter the same as the judgment of the first instance court). 2. Determination as to the defense prior to the merits

A. The lawsuit of this case seeking confirmation of invalidity of the resolution of this case No. 2, which dismissed the plaintiff by the president of the third tenant representative council, is a claim for confirmation of past legal relations, and is infinite law by failing to meet the requirements for protection of rights.

B. Determination 1) On May 2018, the Plaintiff was elected from the third constituency of the apartment of this case as the representative of the third unit of the third unit of the apartment of this case after being elected from the third unit of the third unit of the apartment of this case (the PJ of this case) and the term of office of the Plaintiff was March 10, 2020, and there is no dispute between the parties. Meanwhile, around October 29, 2020, R was elected from the fourth unit of the 4th unit of the apartment of this case as the representative of the 4th unit of the 4th unit of the apartment of this case, and then the representative of the 4th unit of the 4th unit of the 4th unit of the apartment of this case (the term of office of the 3th unit of the 4th unit of the apartment of this case was fixed by October 29, 202), and the term of office of the Plaintiff as the representative of the 3th unit of the 3th unit of the tenant of this case was already dismissed.

2) On this issue, the Plaintiff: (a) on October 202, 202, R was elected as the president of the 4th tenant representative conference after elected as the representative from the re-election of representatives from each 4th building implemented on October 2020; and (b) on April 2020, the said re-election was lawful in the election of representatives from each 4th building.