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(영문) 대법원 2017.08.29 2014다19462
조합창립총회결의무효확인
Text

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The plaintiffs' total cost of litigation.

Reasons

The grounds of appeal are examined.

In a case where the association establishment promotion committee (hereinafter referred to as the “promotion committee”) held an inaugural general meeting for the establishment of the association and made a resolution on the agenda of ratification of affairs of the promotion committee, and then approved or ratified the previous resolution at the inaugural general meeting, or made a new resolution on the same agenda again, even if the resolution at the previous inaugural general meeting is null and void, seeking confirmation of invalidity of the resolution at the previous inaugural general meeting is merely seeking confirmation of legal relations or legal relations in the past, and thus failing to meet the requirements for protection of rights, unless there are special circumstances, such as where the new resolution at the inaugural general meeting held is deemed null

(2) According to the reasoning of the judgment below and the record, the court below held that the Defendant’s general meeting was held on July 21, 2012 for the purpose of implementing a housing redevelopment project in Seongbuk-gu Seoul, Seongbuk-gu (see, e.g., Supreme Court Decision 2010Da10986, Apr. 12, 2012). The Defendant applied for authorization to establish a housing redevelopment project on July 21, 2012; ② the Defendant applied for authorization to establish a housing redevelopment project to the head of Seongbuk-gu based on each resolution, etc. of this case; but the head of Seongbuk-gu rejected the Defendant’s application for authorization to renew the authorization after providing accurate information to the person who submitted the consent to establish an association, etc. on the ground that the Defendant erroneously provided individual contributions to the owner of the land, etc.; ③ Accordingly, the Defendant held an inaugural general meeting on August 9, 2013 after the judgment of the first instance, and confirmed each of the instant resolutions as it is or applied for new approval to the head of Seongbuk-gu.

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