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(영문) 서울남부지방법원 2019.05.31 2018가합1668
선출결의무효확인
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The lawsuit seeking confirmation as to the lawfulness of the instant lawsuit is permitted only where it is legally effective and appropriate to obtain a judgment in order to eliminate risks or apprehensions with respect to the Plaintiff’s rights or legal status, in cases where an immediate and conclusive interest exists.

The resolution of the general meeting of the apartment resident's representative council is the decision-making of the apartment resident's representative council, and the legal relation related thereto is the subject of the resolution of the general meeting of the apartment resident's representative council, so only by obtaining a confirmation of the existence or validity of the resolution of the general meeting against the council of the apartment resident's representative, the resolution can remove the risks or apprehensions about the plaintiff's rights or legal status in an effective fashion. The confirmation judgment against the member's individual who is not the council of

(1) The Plaintiffs seek confirmation of invalidity of the extraordinary general meeting of the F apartment council council on May 30, 2018, which selected the Defendants as the officers of the F apartment apartment council in the lawsuit of this case (see, e.g., Supreme Court Decisions 90Da14058, Jun. 25, 1991; 2010Da30676, Oct. 28, 2010). The Plaintiffs seek confirmation of invalidity of the extraordinary meeting of the F apartment apartment council on May 30, 2018. The Plaintiffs’ lawsuit of this case is not against the F apartment apartment council council, which is the legal entity of the resolution of the general meeting, but against its members, and there is no interest in the lawsuit in accordance with the aforementioned

2. In conclusion, the plaintiffs' lawsuit of this case is unlawful and it is so decided as per Disposition by the assent of all.

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