(영문) 서울고등법원 2020.07.01 2020나2002357

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.07.01 2020나2002357

선거무효의 소

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for this part of the underlying facts and the Plaintiff’s assertion are as stated in the corresponding part of the judgment of the first instance, except for adding some of the following, thereby citing them by the main sentence of Article 420 of the Civil Procedure Act.

The following details shall be added below the second letter of the judgment of the court of first instance:

Article 32 (Ministry of Execution)

1. (Composition) A separate director general may be appointed, if necessary, from among the heads of D Organizations, heads of D Organizations, vice-chairpersons, etc.;

2. (Status) It is the executing body of the highest body D.

3. (Term of Office) The term of the executing country shall be from February 1 of the corresponding year to January 31 of the following year.

The following shall be added to the third list of the judgment of the first instance.

C’s term of office expired as of January 31, 2020, and prior to which, the Defendant held the 42th student president election on November 30, 2019, H was elected as the student president in the above election.

A person shall be appointed.

2. Judgment on the defendant's main defense of safety

A. Since the new president was elected in an election newly implemented according to the expiration of the term of office of C elected in the election of this case by the defendant's assertion, the lawsuit of this case is merely seeking confirmation of past legal relations, and there is no interest in the lawsuit.

B. In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer of a certain organization on the ground that the resolution was defective, the lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer does not meet the requirements for protection of rights because it comes to seeking confirmation of past legal relations or legal relations, unless there are special circumstances such as where the resolution to appoint an executive officer is deemed non-existence or non-existence or non-existence or non-existence of a resolution to appoint an executive officer after expiration of the term of office or resignation, etc., and then a new executive officer is appointed.

Supreme Court Decision 200

참조조문

-민사소송법 제420조

유사 판례

-대법원 2018.03.13 2017다271148

-대전지방법원 2016.05.18 2015가합105142

-서울고등법원 2017.07.26 2017나2009624

-대법원 2018.3.13.선고 2017다271148 판결

-대법원 2018.08.30 2016다227502