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(영문) 광주고등법원 2019.11.20 2019나23410
임원선임총회의결무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On May 3, 2016, the first instance court, citing the reasoning of the judgment of the first instance, resigned from the Defendant’s partnership head on May 3, 2016, and thereafter there is no resolution to appoint the former president.

As long as it is difficult to deem that there is any circumstance to nullify or revoke the instant resolution, the instant lawsuit seeking the confirmation of the previous legal relationship or legal relationship is deemed unlawful because there is no legal interest, and thus both the Plaintiffs and the other co-Plaintiffs of the first instance court (the co-Plaintiffs of the first instance court had been appealed against the judgment of the first instance court on August 2, 2019, but they appealed against the judgment of the first instance court on August 16, 2019. Meanwhile, the Plaintiff F withdrawn the lawsuit on October 25, 2019).

The plaintiffs in this court also have asserted as alleged in the first instance court, and it is difficult to view it differently from the judgment of the first instance court as seen earlier, even if examining it again, the judgment of the first instance court is justifiable.

Therefore, this court's judgment is based on the reasoning of the first instance judgment, and it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The instant lawsuit is unlawful and thus dismissed.

In conclusion, the judgment of the first instance is legitimate, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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