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(영문) 서울고등법원 2019.07.18 2019나2009963
회장 지위존재확인의 소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne individually by each party.

purport.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of "1. Basic Facts" among the reasons for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the main defense of this case

A. The term of office of the Plaintiff’s president was expired, and since a special election was held after the Plaintiff’s dismissal and the new president was elected, the instant lawsuit seeking confirmation of invalidity of the resolution of dismissal against the Plaintiff is a lawsuit seeking confirmation of past legal relations. There is no benefit of confirmation.

B. In a lawsuit seeking confirmation of relevant legal principles, the subject matter of confirmation is the current rights or legal relations, barring any special circumstance (see Supreme Court Decision 2012Da17585, Aug. 23, 2013). In a case where an executive officer of an organization is dismissed from office before the end of his/her term of office by a resolution at the general meeting, and an executive officer is appointed later by a new resolution at the general meeting, barring any special circumstance, such as where the new resolution at the general meeting is deemed nonexistent or invalid due to procedural defect other than the defect in the contents, or where the new resolution at the general meeting is deemed to be a non-existent or invalid due to the defect in the contents, or where the resolution at the general meeting is revoked, seeking confirmation of invalidation is sought for confirmation of the past legal relations or legal relations, and thus, it shall be deemed as lacking the requirements for protecting rights

(See Supreme Court Decision 96Da24309 delivered on October 11, 1996). C.

Judgment

In light of the above legal principles, the Plaintiff was dismissed from office as the 18th Chairperson by means of the instant dismissal voting and the remaining term of office of the Plaintiff expired as of May 31, 2019. Meanwhile, the Defendant was dismissed on the grounds that the Plaintiff’s remaining term of office was expired as of May 31, 2019.

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