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(영문) 서울남부지방법원 2015.11.27 2014가합14086
정기총회 및 임시총회결의무효확인
Text

1. Of the instant lawsuit, the Defendant’s first resolution of the Defendant’s holding of a tombstone in September 4, 201, and the Gangseo-gu Seoul Metropolitan Government D and E land.

Reasons

1. The defendant's basic facts are the clans that set C 12 K as C C 12 H as its members, and F is the person elected as the chairperson at the defendant's extraordinary general meeting held on April 17, 2005 as the defendant's member, and the plaintiff is the defendant's member.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 10, purport of the whole pleadings

2. Of the instant lawsuit, the subject of confirmation in a lawsuit seeking confirmation of the non-existence of a resolution at a general meeting on September 4, 201 is the current right or legal relationship (see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013). Therefore, barring special circumstances, barring any special circumstance, the confirmation of the existence of past rights or legal relations is not recognized (see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013): Provided, even in the past legal relationship, the current rights or legal status affects the current rights or legal status, and,

(2) On October 14, 2010, the lower court determined as follows: (a) ex officio, on September 4, 201, the part of the claim for confirmation of the absence of a resolution at the general meeting of the Plaintiff on September 4, 2011 among the instant lawsuit, the part of the claim is lawful; (b) first, on September 4, 201, all resolutions made at the general meeting of the Plaintiff on September 4, 201 constituted a past legal relationship; (c) there is no benefit of confirmation in principle; (d) however, it is apparent that the first resolution at the general meeting of the Plaintiff could not affect the Plaintiff’s current rights or legal status; (e) it is evident that the resolution at the time of the burial of the C seedlings could not affect the Plaintiff’s current rights or legal status; and (e) it is recognized that the redevelopment (building) on the land of Gangseo-gu Seoul Metropolitan Government and E, the Defendant’s property had already been completed, and that the sale of the land was duly selected by the president at the general meeting of the Plaintiff.

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