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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff, the cause of the instant claim, filed the instant lawsuit against the Defendant B seeking confirmation of the absence of the status of the representative of the instant management body, and confirmation of the invalidity of the resolution of the appointment of the representative member against the remaining Defendants, on the ground that the Defendant B, who was appointed as the representative of the F management body located in G (the title was changed to H management body; hereinafter the “instant management body”) was unlawful due to the illegality of the publication procedure of the resolution of the appointment of the representative and the voting proxy procedure. Defendant B, the above inappropriate representative, as the secretary general, Defendant C, as the auditor, Defendant E as the auditor, and Nonparty I as the director general, was also null and void.
2. The Defendants’ defense prior to the merits and the judgment thereof are the defense prior to the merits, and the Plaintiff, not the instant management body, deemed the other party to the instant lawsuit as an individual, and thus, the instant lawsuit is unlawful as there is no interest in its confirmation. Accordingly, the Defendants’ assertion to the effect that it is unlawful.
In a lawsuit seeking confirmation of the status of the representative or member of an unincorporated association, a judgment citing the claim shall be rendered where the representative or member files a lawsuit against the individual.
Even if the judgment cannot be deemed to have an effect on the relevant organization, it cannot be the most effective and appropriate way to resolve the dispute between the parties surrounding the status of the representative or members. Thus, a claim filed against the representative or an individual of a member without a claim against the relevant organization is unlawful as there is no benefit of confirmation (see, e.g., Supreme Court Decisions 91Da12905, Jul. 12, 1991; 2006Da65774, Feb. 10, 201). The same applies to a lawsuit seeking confirmation of the resolution concerning the status of the representative or members.
Therefore, the management body of this case.