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(영문) 대법원 2015.02.16 2011다101155
종회의원선거무효확인등
Text

The judgment below

Of the judgment of the court of first instance, the part on Defendant E shall be reversed, and the part on Defendant E shall be revoked.

Reasons

1. We examine ex officio the legitimacy of the lawsuit against Defendant E.

Where a suit is filed against a representative or an individual of a religious organization which is an unincorporated association in a lawsuit seeking confirmation of the status of representative or member, a judgment citing such claim shall be rendered.

Even if the judgment cannot be effective to the relevant organization, it cannot be the most effective way to resolve the dispute between the representatives or members, and thus, it cannot be the most effective way to resolve the dispute. Thus, a claim against the representative or members without against the relevant organization is unlawful because there is no benefit of confirmation.

(2) According to the records, the Plaintiffs filed a lawsuit against the Defendants on April 13, 2009 against Defendant D Religious Organizations seeking to confirm the appointment of the president of Korea-General Affairs Association against Defendant E on April 13, 2009, by adding the above Defendant to the lower court’s claim against Defendant D Religious Organizations that it was not the representative of Defendant D Religious Organizations. The first instance court dismissed the Plaintiffs’ claim, and the lower court also dismissed the Plaintiffs’ claim on February 10, 201, and the lower court dismissed the Plaintiffs’ claim against Defendant D Religious Organizations (hereinafter “Defendant D Religious Organizations”).

However, in light of the aforementioned legal principles, the validity of the election of the members of the clan of Defendant D Religious Organizations and the appointment of the president of the General Affairs Office for Defendant E, or the following status as the representative of Defendant E, the Plaintiffs, who dispute the validity of the appointment against Defendant D religious organizations by obtaining confirmation as to the validity of the appointment of the president of the General Affairs Office for Defendant D Religious Organizations, are effectively infinites or risks surrounding the appointment of Defendant D Religious Organizations.

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