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1. The part of the judgment of the court of first instance against the plaintiff A shall be revoked, and this part of the lawsuit shall be dismissed.
2. The plaintiff B's appeal.
Reasons
1. The reasoning of the judgment of the court of first instance is as follows. The reason for this court’s explanation is as follows: “A notice shall be received, but no registration for change of officer shall be completed on February 12, 2015,” among the judgment of the court of first instance; “A written resolution of 13 persons, such as BD except for the part of “3.b. judgment (6) and “4.b. 2)” (8. 9) and “5. conclusion” (2) shall be cited as the reason of the judgment of the court of first instance; thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the deletion of the part of “5. conclusion” (2).
2. Parts in height:
(a) "b)";
Judgment
The president of the partnership, etc. was dismissed from office before the expiration of his term of office by the resolution of the special general meeting of the partnership replacing the officers, and there was an appointment of the former president.
If a new resolution of an extraordinary general meeting is adopted by a new resolution of an extraordinary general meeting, and the registration of appointment has been completed, barring special circumstances such as the absence or invalidation due to procedural defects other than the defect of the general meeting convened by an unentitled person, or the revocation of the resolution, seeking confirmation of absence or invalidation of the resolution, even if the resolution of dismissal of the original president of the association is null and void, shall be deemed to lack of the requirements for protection of rights as a lawsuit seeking confirmation of legal relations or legal relationship in the past.
(See Supreme Court Decision 96Da24309 Decided October 11, 1996, and Supreme Court Decision 93Da61338 Decided July 28, 1995, etc.). Examining the aforementioned facts in light of the legal principles as seen earlier, the Plaintiff A adopted a resolution for the appointment of the president of an association at a new special meeting, following the new resolution of dismissal on July 31, 2014, which was effective after the resolution of dismissal at the general meeting of this case where the Plaintiff A seeks confirmation of its invalidation.