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(영문) 대전고등법원(청주) 2020.01.14 2019나2743
동대표 선거 무효확인
Text

1. The part against the defendant among the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit shall be dismissed.

2. The plaintiff and the defendant.

Reasons

1. The Plaintiff’s scope of adjudication in this Court is the instant lawsuit, and ① the Defendant’s election of representatives for each Dong held on May 10, 2018 (hereinafter referred to as “first election”).

(E) The election, which was conducted on June 5, 2018 by the defendant on June 5, 2018, shall be referred to as "second election" (hereinafter referred to as "second election") to confirm the invalidity of elected persons D Dong E and Fdong G.

Among them, I would like to request the invalidity confirmation of the resolution that elected H as the I Dong Representative.

The first instance court shall accept the above ① A claim, and ② a judgment dismissing the claim was pronounced, which only the defendant lost, ① an appeal as to the cited portion of the claim, and the plaintiff did not file an appeal.

Therefore, the part of the claim that the plaintiff lost was excluded from the scope of the trial of the party.

2. Determination on the legitimacy of a lawsuit

A. The Defendant’s main defense against the Defendant came to trial, and all of the arguments relating to the merits in the original trial were withdrawn.

The term of office of the person elected as the representative of a building through the first election seeking confirmation of invalidity has expired on September 30, 2019, and since the representative of a building was elected through a new election around August 2019, the plaintiff's lawsuit of this case seeking confirmation of invalidity of the first election is unlawful as there is no benefit of confirmation.

B. In a lawsuit for confirmation of confirmation, the subject of confirmation is the current rights or legal relations. Therefore, barring any special circumstance, verification of the past rights or legal relations is not recognized.

On July 31, 2019, the C Apartment Election Commission publicly announced the election of representatives for each Dong on July 31, 2019; ② the Plaintiff also registered as a candidate for F Consent election on August 9, 2019; ③ the Plaintiff was elected from the representative for each Dong implemented on September 3, 2019 to the representative for each Dong (in the case of D consent, the E is again elected); ④ the term of office of the representatives for each Dong elected through the first election expires on September 30, 2019; ⑤ 4 of the representatives for each Dong newly elected.

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