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(영문) 서울고등법원 2015.08.19 2014나2046318
종중이사회결의무효확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The Plaintiffs, within the scope of the adjudication of this Court, sought a confirmation of invalidity of each resolution of selecting E as the chairperson at the meeting of the board of representatives, dated November 11, 2012, of Defendant D’s Class D (hereinafter “Defendant D”); the resolution of the board of directors, on November 11, 2012, elected E as the chairperson; the resolution of the board of directors, on February 28, 2013, of Defendant C’s Class C (hereinafter “Defendant C”); and the resolution of the board of directors, on April 19, 2013, elected E as the director; and the resolution of the board of directors, on April 19, 2013, elected E as the chairperson.

The first instance court dismissed the plaintiffs' lawsuit against E and the lawsuit against the defendant A by the plaintiffs, and accepted all the remaining claims of the plaintiffs.

As to the part against which only the Defendants lost, the scope of this Court’s adjudication is limited to ① the Plaintiff’s Defendant D, the resolution to elect E to the director at the meeting of the board of representatives as of November 11, 2012, and the request to confirm the invalidity of the resolution to elect E as the chairperson at the meeting of the board of representatives as of November 11, 2012, and ② the Plaintiffs’ resolution to elect E as the director at the meeting of the board of directors as of February 28, 2013, and the request to confirm the invalidity of each resolution to elect E as the chairperson at the meeting of the board of directors as of April 19, 2013.

2. The reasoning of this part of the reasoning is as stated in Paragraph 1 of the judgment of the court of first instance, except where “Defendant E” is used as “E”. Thus, this part of the reasoning 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. The defendants' defense E has both retired from office of the chairperson, director, and director of defendant D and the chairperson of defendant C, and the representative of defendant D and the chairperson of defendant C elected a new chairperson and director with the permission of the court. Thus, it is unlawful for the plaintiffs to seek nullification of each of the above cases as there is no legal interest in the lawsuit.

B. On the ground that there is a defect in a resolution to appoint an executive officer of a certain organization of the relevant legal doctrine, confirmation of invalidity or absence thereof is confirmed.

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