(영문) 서울고등법원 2016.06.01 2014나7522 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.06.01 2014나7522

총회장직위부존재확인 등

Text

The case is transferred to the Panel Division of the Seoul Western District Court.

The defendant of the claim shall be an independent party intervenor.

Reasons

1. Basic facts

A. A and 21 others appointed A as the appointed party, and filed a lawsuit against the Defendant against the Seoul Western District Court 2013Kahap8007 case, such as confirmation of the absence of the status as the president of the general meeting and the claim for prohibition of obstruction of business. On December 19, 2013, the above court dismissed the claim for confirmation of the absence of the status as the president of the general meeting, and ordered the dismissal of the claim for prohibition of obstruction of business.

B. On January 10, 2014, A submitted a petition of appeal on January 10, 2014, and an independent party intervenor participated in the instant case on July 24, 2014, pending the appellate trial (Seoul High Court 2014Na7522).

C. A withdrawn an appeal in writing on October 7, 2014, and the written withdrawal of the appeal was served on the Defendant.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. On July 24, 2014, an independent party intervenor filed an application against the Defendant for intervention in the instant case between A (the Plaintiff and the Appointed Party) and the Defendant as to the instant case (2014Na7522), and then, the lawsuit in the instant case between A and the Defendant (hereinafter referred to as “instant lawsuit”) was terminated by withdrawing the appeal.

Therefore, an independent party intervenor's application for participation in the trial at the trial court is not closed and the subject of the lawsuit of this case is not closed, and it remains only against the defendant of the independent party intervenor. This case is the first instance court, and if this is judged by this court as the appellate court, it would result in infringing the defendant's interests at the trial court. Thus, this court does not have the authority to judge this case.

3. The conclusion is that the instant case shall be transferred to the Panel Division of the Seoul Western District Court, which is the legal ground of the first instance, and it is so decided as per Disposition.

유사 판례

-서울동부지방법원 2016.03.31 2015가단18672

-대구지방법원경주지원 2015.01.30 2014가단1471

-수원지방법원 2018.12.20 2018가단552048

-수원지방법원 2018.10.30 2017가합3287

-서울중앙지방법원 2015.03.24 2014재가합218