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(영문) 수원지방법원안양지원 2017.05.12 2016가합306
지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan similar organization that is a joint group of J 14 years old K, and all the plaintiffs are members of the defendant as K's descendants.

B. Plaintiff A was elected by the board of directors of the Defendant, held on March 8, 2015, as the chairperson, and H was the vice-chairperson.

C. On September 5, 2015, Plaintiff A resigned from office as a health problem of the Defendant’s health, etc. on the board of directors, but continued to engage in the business until the president is appointed, and expressed his intention to resign by taking the procedure to appoint a new president as soon as possible.

H has performed his duties as the chairman acting for the defendant and appointed I as the senior director.

[Ground of recognition] Facts without dispute, Gap evidence 2, 9 evidence, Eul evidence 4, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff expressed his/her intention of resignation with the terms of suspension or indefinite term that the successor of the plaintiff is elected, and the successor of the chairperson was not elected in accordance with the legal procedures up to now, H cannot act as the chairperson on his/her behalf, and I appointed by H cannot be deemed as a general secretary.

Therefore, there is a benefit to confirm that they are not in the position of acting as president and the position of general director.

3. Judgment on the defendant's main defense of safety

A. Since the Defendant’s main safety resistance H and I resigned from each president’s agency and general director, whether H and I were in the position of each president and general director is merely a previous legal relationship and there is no benefit to confirm it.

B. In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer of a certain organization for reasons of defects in the resolution to seek confirmation of invalidity or non-existence of the resolution, if the person appointed as an executive officer by the resolution was no longer in the position of the executive officer at the expiration of the term of office or resignation, etc., and if a new executive officer was appointed lawfully thereafter, the lawsuit seeking confirmation of invalidity or

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