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(영문) 서울고등법원 2020.07.16 2020나2006229
총회결의 무효 확인의 소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the defendant's main defense

A. The ground for the Plaintiff’s claim and the summary of the Defendant’s principal safety defense 1) The Plaintiff sought confirmation of invalidity of the resolution of the above general meeting by asserting that “the Defendant did not have legitimate convening procedures for sectional owners at the time when the general meeting was held on July 25, 2018, and there was a serious defect, such as not only the Defendant’s written consent submitted to the above general meeting but also the personal information of the consenters is not properly stated.” As to this, the Defendant withdrawn the lawsuit through the preparation and submission of the written withdrawal of the lawsuit received at this court on March 24, 2020 (hereinafter “the written withdrawal of the lawsuit in this case”), which led to the termination of the lawsuit in this case, or the Plaintiff and the Defendant agreed to withdraw through the preparation of the written withdrawal of the lawsuit in this case, and therefore, the lawsuit in this case should be dismissed as there is no benefit to

B. 1) In full view of the purport of the entire pleadings, the court held that: (a) the Defendant submitted the written withdrawal of the lawsuit in question on March 24, 2020; and (b) the written withdrawal of the lawsuit in the name of the Plaintiff stated that “I withdraw the lawsuit in question as I have been resolved smoothly by the Plaintiff and the Defendant; and (c) the Plaintiff’s seal is affixed on the lower part of the Plaintiff’s name (as seen below, the Plaintiff also affixed his seal on the written withdrawal of the lawsuit in question).

(3) In addition to the above contents, the above withdrawal of a lawsuit is stated as "a consent to the withdrawal," and on March 23, 2020, the president D of the defendant's representative, and it is recognized that the official seal of the defendant's representative is affixed next to the above representative's name.

According to the above facts, the withdrawal of the lawsuit in this case is presumed to have been established, and according to the above written withdrawal of the lawsuit, the plaintiff and the defendant shall prepare the above written withdrawal of the lawsuit in addition to the lawsuit.

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