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(영문) 대법원 2021.01.14 2020다267606
총회결의무효확인의 소
Text

The instant lawsuit was concluded upon the Plaintiff’s death on August 28, 2020.

Reasons

If a member of a decision-making body under the articles of association of the organization filed a civil lawsuit that contests the existence or validity of a resolution made by the decision-making body against the said organization based on his/her status, but died during the proceeding or after the closure of the pleadings at the fact-finding court, the status as a member of the decision-making body cannot be deemed to be subject to inheritance because of the same exclusively belonging to himself/herself. Thus, the lawsuit at issue is terminated without any room for taking over the lawsuit (see, e.g., Supreme Court Decisions 2003Da64381, Apr. 27, 2004; 2015Da255258, Feb. 14, 2019). According to the basic certificate bound by the records, and the written diagnosis of death, according to the record, the plaintiff can be seen to have died on August 28, 202, which is after the closure of the pleadings at the court below, and thus, the lawsuit at issue was terminated without the suspension of the plaintiff'

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the lawsuit in this case is terminated.

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