(영문) 부산지방법원 2016.02.04 2015나44158

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(영문) 부산지방법원 2016.02.04 2015나44158

대표자지위채무부존재확인

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1. Revocation of the judgment of the first instance, and the lawsuit of this case shall be dismissed;

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Whether the instant lawsuit is lawful or not, the Plaintiff, the former president of the 3rdic Association, an incorporated association (hereinafter “instant prosperity”) asserts that, on May 20, 2013, there was a non-Confidence resolution against the Defendant (hereinafter “non-Confidence resolution”) against the Defendant, who was appointed as the president of the instant prosperity conference on August 13, 2014, at the extraordinary general meeting of representatives held on August 13, 2014, sought confirmation of the absence of the status of the Defendant’s representative.

As to the interest in the confirmation of the lawsuit of this case

A lawsuit for confirmation is not necessarily limited to a legal relationship between the parties, but can be the object of the legal relationship between one party and a third party or between third parties. However, in order to have the interest of confirmation of the legal relationship, there must be any danger or non-existence of the rights or legal status of the complainant pursuant to the legal relationship. In order to eliminate the danger or non-existence, it is necessary to immediately confirm the legal relationship by the judgment of confirmation subject to the legal relationship, and it should be the most effective and appropriate means. In addition, the other party who denies his own rights or legal status claims the rights or legal relations against a third party that cannot be compatible with his own assertion and seek confirmation of the existence of the rights or legal relations of the other party's assertion. Even if a judgment is rendered in the lawsuit for confirmation, it is not finalized in relation to the other party, but it does not affect the third party, and thus, the lawsuit for confirmation of non-existence cannot be an effective and appropriate means to solve the existing apprehension or danger in his own rights or legal status, and thus there is no benefit in its confirmation.

(see, e.g., Supreme Court Decision 2006Da5970, Aug. 23, 2007). The Plaintiff and the Defendant in this case.

참조판례

-대법원 2007. 8. 23. 선고 2006다5970 판결

유사 판례

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