(영문) 대구고등법원 2018.11.08 2018나21709

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2018.11.08 2018나21709

어촌계총회결의무효확인의 소

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. The reasoning for this part of this Court’s reasoning is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and thus, this part of the reasoning for the judgment of the court of first instance is cited.

2. Judgment on the Defendant’s defense prior to the merits

A. The gist of the Defendant’s assertion filed the instant lawsuit with “the content of seeking confirmation of invalidity of the resolution of expulsion of this case, which was adopted at the extraordinary general meeting of August 19, 2017 by the Defendant, held by a person without the authority to call”.

However, the defendant, which was held on July 5, 2018, adopted a new resolution of ratification of the resolution of expulsion of this case at an extraordinary general meeting of the defendant.

Therefore, the lawsuit of this case seeking confirmation of invalidation on the ground that there is a defect in the resolution for expulsion of this case is unlawful as seeking confirmation of the past legal relations or legal relationship.

B. The Defendant’s assertion 1) In a case where a member of an association which is not a juristic person has ratified the previous resolution or passed a resolution on the same agenda again, the resolution of the new general meeting shall not be deemed to have been nonexistent or null due to any defect in the procedure other than the defect of the general meeting convened by an unentitled person, or, barring special circumstances, such as where the resolution is deemed null and void due to the defect in the content, or where the resolution is revoked. Even if any defect exists in the previous resolution, seeking confirmation of invalidation, etc. against the previous defect shall be deemed to have failed to meet the requirements for protection of rights, merely seeking confirmation of legal relations or legal relationship in the past (see, e.g., Supreme Court Decisions 2011Da6920, Jan. 27, 2012; 2014Da19462, Aug. 29, 2017).

참조조문

-민사소송법 제420조

유사 판례

-광주지방법원 2017.04.20 2016가합56788

-대구고등법원 2019.09.20 2019나129

-광주지방법원순천지원 2019.08.22 2018가합12095

-수원고등법원 2020.11.12 2019나20319

-전주지방법원정읍지원 2014.04.30 2013가합404