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All appeals by the plaintiffs are dismissed.
The costs of appeal are assessed against the plaintiffs.
The purport of the claim and the appeal.
Reasons
1. Basic facts and
2. The reasoning of the judgment of this court on this part of the gist of the plaintiffs' assertion is as stated in paragraphs (1) and (2) of the reasoning of the judgment of the court of first instance, and therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination on the defense prior to the merits
A. On the other hand, the defendant asserts that since the lawsuit of this case is no benefit of confirmation, the plaintiff's assertion that the lawsuit of this case has no benefit of confirmation, so long as the real estate of this case, which the plaintiffs owned shares as the defendant's members, was lost through a voluntary auction by creditors, the plaintiff's original qualification for membership can be acknowledged as invalid, and as a result, the sale of the plaintiffs' share among the real estate of this case disposed by voluntary auction can be invalidated, and the sale by the plaintiff's share can not be invalidated by the auction, and it can be distributed according to the share from the proceeds of sale of the real estate of this case. Thus, the plaintiff's decision to confirm the invalidity of the resolution of this case is the most effective and appropriate means for remedy by the plaintiffs' rights, and there is no other remedy.
The argument is asserted.
B. Determination 1) In a lawsuit for confirmation of relevant legal principles, the benefit of confirmation required as a requirement for protection of rights is recognized only when the benefit of confirmation is the most effective and appropriate means to obtain a confirmation judgment against the defendant (see Supreme Court Decision 91Da14420, Dec. 10, 1991; 2). The plaintiffs seek confirmation of invalidity is the resolution of dismissal of the plaintiff who is the chairperson at the time of the defendant, and appointment D as chairperson, and even if the resolution of this case is invalidated, it does not necessarily mean that the plaintiffs are the defendant's members.