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(영문) 대법원 2018.07.20 2017다275973
해임무효확인 청구의소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

According to the reasoning, the lower court acknowledged the following facts based on adopted evidence: ① (a) the instant election commission conducted the instant dismissed voting against the Plaintiff from June 30, 2015 to July 10:00, 2015; and (b) the Plaintiff announced that the Plaintiff was dismissed from the position of the president of the council of occupants’ representatives and the representatives of each Dong on July 1, 2015; (c) the occupants of the instant apartment by conducting an election of executive officers for the representative of the Dong and the president on January 2017; and (d) the occupant of the instant apartment as the 108 Dong representative, and F, as the president of the council of occupants’ representatives.

Then, the lower court determined that the seeking confirmation of invalidity of the instant dismissed voting in this case, in which the election of E and F as an officer cannot be deemed null and void, is seeking confirmation of the past legal relationship or legal relationship, and did not have any interest in confirmation.

Examining the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on election procedures, interest in confirmation, etc., thereby adversely affecting the conclusion of the judgment.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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