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(영문) 대구지방법원 2020.09.18 2020가합159
정관무효
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. We examine the legitimacy of the instant lawsuit, including the Defendant’s defense on the legitimacy of the instant lawsuit.

Since the subject of a suit for confirmation must be against the existence of a specific right or legal relationship, it cannot be claimed as a lawsuit for confirmation of the validity of a general, abstract statute, statute, or statute itself.

(See Supreme Court Decision 93Da61567 delivered on December 22, 1995, etc.). The Defendant’s articles of incorporation asserted by the Plaintiff in this case is a content that regulates the legal relations of organizations, such as the Defendant’s organization and activities, and is binding on the Defendant’s organization and members, which are non-corporate groups. Therefore, seeking confirmation of invalidation of the above articles of incorporation is merely a dispute over the validity of general and abstract laws and regulations, and it is apparent that it is not subject to the Plaintiff’s specific rights or legal relations, and thus, it cannot be claimed as an independent lawsuit.

2. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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