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(영문) 서울고등법원 2017.02.09 2016나10546
임시총회결의무효확인
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' lawsuits are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

In the case of an illegal lawsuit whose defects are not revisable, such lawsuit may be dismissed by a judgment without holding any pleadings.

(Article 219 of the Civil Procedure Act (Article 219 of the Civil Procedure Act). On the other hand, even if a lawsuit seeking correction of a defect is possible, the said provision may apply mutatis mutandis to the Plaintiff’s failure to correct

In this case, the Plaintiffs filed the instant lawsuit by stating the Defendant’s representative as G.

The Act on the Ownership and Management of Aggregate Buildings has the authority to represent the management body under the Act on the Ownership and Management of Aggregate Buildings (Articles 34 and 25 of the same Act), and there is no evidence that G is appointed as the management body in the record.

In addition, the plaintiffs also filed a lawsuit that there is no resolution to appoint G as the defendant representative on the premise that it is not G.

Accordingly, on December 2, 2016, this Court issued an order of correction to the plaintiffs to the effect that "the representative of the defendant is corrected within two weeks from the date of service, and the special representative is requested to be appointed pursuant to Articles 64 and 62 of the Civil Procedure Act in the absence of a representative to be corrected." This order of correction was served on the plaintiffs on December 7, 2016.

Nevertheless, the Plaintiffs did not take measures following the order of correction.

Thus, the plaintiffs' lawsuits should be dismissed in accordance with Articles 59 and 219 of the Civil Procedure Act as illegal lawsuits.

The judgment of the court of first instance is unfair with different conclusions. Thus, the judgment of the court of first instance is revoked and all of the plaintiffs' lawsuits are dismissed. It is so decided as per Disposition.

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