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(영문) 대전고등법원 (청주) 2018.12.05 2017나5816
동대표 해임결의 무효 확인 등
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

purport.

Reasons

1. Judgment on the main defense of this case

A. The Defendant’s main defense to the safety of the instant lawsuit is unlawful as there is no benefit in confirmation of the instant lawsuit. As such, the Defendant’s main defense is examined as follows.

B. A lawsuit seeking confirmation of relevant legal principles requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is disputed between the parties regarding the legal relationship subject to the lawsuit, and thus, it is recognized as the most effective and appropriate means to determine the Plaintiff’s legal status as a judgment to eliminate the anxiety when the Plaintiff’s legal status is at risk.

Therefore, in a lawsuit for confirmation, it is necessary that there is a legal interest to immediately confirm the existence of current rights or legal relations, and it is not permissible in principle to confirm the existence of past rights or legal relations.

However, even in the past legal relations, only if the current rights or legal status has been affected by the present rights or the present status, and it is recognized that obtaining a judgment on confirmation of the legal relations is a valid and appropriate means to eliminate risks or apprehensions with respect to the present rights or legal status, the legal relations has a benefit

(Supreme Court Decision 2010Da43580 Decided September 30, 2010 and Supreme Court Decision 2014Da208255 Decided March 15, 2017, etc.).

Judgment

1) The facts of recognition are as follows: (a) the Plaintiff became the representative of the Heung-gu Seoul Metropolitan Government F apartment G apartment G Dong for the term from July 9, 2016 to July 8, 2018; (b) the Defendant decided to dismiss the Plaintiff on November 8, 2016; (c) the Plaintiff was elected from the special election for the term from October 27, 2017 to July 8, 2018; and (d) the fact that Article 18 of the Management Rules of the apartment housing of the said apartment that enters into force from February 3, 2015 to July 3, 2015 that the representative of the said apartment can be reappointed only once, or that there is no dispute between the parties, or that Article 5 to 7, and evidence No. 1 (including the serial number, and each statement and pleading.

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