2016Da227502 Action to seek confirmation of absence of president's status

1. A;

2. B

3. C.

4. D;

E

Daegu High Court Decision 2015Na23957 Decided June 1, 2016

August 30, 2018

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed. All costs are borne by the plaintiffs.

Judgment ex officio is made.

In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer of a certain organization on the ground that there is a defect in the resolution to appoint the executive officer of a certain organization, if the person appointed by the resolution is no longer in the position of the executive officer at the expiration of the term of office or resignation, etc., and if the new executive officer was appointed thereafter, the lawsuit seeking confirmation of invalidity or non-existence of the resolution to appoint the executive officer at the beginning is incidental to seeking confirmation of the past legal relations or legal relationship, unless there are special circumstances such as the absence or invalidity due to procedural defect or the procedural defect or the cancellation of the resolution to appoint the executive officer (see, e.g., Supreme Court Decisions 96Da24309, Oct. 11, 196; 202Da25310, Nov. 13, 2002).

According to the records, following the date of the closing of argument in the lower court, the Defendant was dismissed from office by resignation from the president of the F University on March 27, 2018, which was after the date of closing of argument, and on May 10, 2018, L is elected in the presidential election of president implemented on May 10, 2018 and held office as president from June 1, 20

Examining these facts in light of the legal principles as seen earlier, the instant lawsuit seeking confirmation of absence of president’s status is derived from seeking confirmation of the past legal relationship or legal relationship, and thus lacks the requirements for protection of rights. Therefore, the lower court’s judgment cannot be maintained as it is, on the ground that the instant lawsuit has no benefit of lawsuit and is unlawful

Therefore, the judgment of the court below shall be reversed, and this case is sufficient for the Supreme Court to directly render a judgment, and the judgment of the court of first instance shall be revoked, and the lawsuit of this case shall be dismissed, and the total costs of the lawsuit shall be borne by the plaintiffs. It is so decided as per Disposition by

Justices Cho Jae-chul

Justices Kim Gin-young

Justices Park Sang-ok

Justices Noh Jeong-hee