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(영문) 수원지방법원 2016.11.04 2016가합75988
제명처분무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The defendant is a merchants' association established for the purpose of managing the above market by consisting of merchants who run their businesses within D around June 2005, and the plaintiffs are the defendant's members.

B. On April 29, 2016, the Defendant passed a resolution on the instant expulsion disposition against the Plaintiffs on the ground that “the Defendant damaged the Defendant’s reputation by distributing printed matter of false fact, encouraging division among the Defendant’s members, etc.” and notified the Plaintiffs on April 30, 2016.

C. As the Plaintiffs filed the instant lawsuit on June 7, 2016, the Defendant passed a resolution to restore the Plaintiffs’ membership eligibility on July 6, 2016, and notified the Plaintiffs at that time.

【No dispute over the grounds for recognition】 Any entry of Gap's evidence Nos. 1, 2, 4, and 8, and Eul's evidence No. 1, and the purport of the whole pleadings

2. If, on the ground that a member of the judgment on the defendant's main defense was unfairly expelled from an organization, an organization disputing the validity of the expulsion disposition has withdrawn or cancelled the expulsion disposition and restored his/her membership, it shall be deemed that the purpose of the lawsuit was achieved by the withdrawal or cancellation of the expulsion disposition and the realization of reinstatement. Thus, there is no benefit of lawsuit seeking nullification of the expulsion disposition, since the matters to be sought through the lawsuit have been realized according to the withdrawal or reinstatement of the expulsion disposition.

According to the above facts of recognition, the plaintiffs' filing of a lawsuit to nullify the invalidity of the expulsion of this case was already achieved on July 6, 2016 by the defendant's board of directors' restoration resolution on the plaintiffs' qualification. Thus, there is no interest in filing a lawsuit to seek nullification of the expulsion of this case.

Therefore, the plaintiffs' lawsuit of this case is illegal as there is no benefit of lawsuit, and the defendant's main defense pointing this out is justified.

3. Therefore, the instant lawsuit is dismissed, but the instant lawsuit is a restoration disposition against the Defendant’s Plaintiffs as an expelled member.

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