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(영문) 서울고등법원 2017.05.24 2017나2011832
신축건물호수선정무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. In the first instance trial on December 21, 2015, the Plaintiff filed a claim for the confirmation of invalidity of a resolution to appoint C as an auditor, which was made by the Defendant at the general meeting on December 29, 2015 (hereinafter “instant resolution”), even though the Defendant passed a resolution at the general meeting on December 21, 2015 at the general meeting, and the first instance court accepted only the claim for confirmation of invalidity of the instant resolution.

Accordingly, since only the plaintiff appealed against the part against the plaintiff, the scope of the judgment of this court is limited to the claim for nullification of the application of the contribution of this case, which is the part against the plaintiff.

2. The reasons for the court's explanation in this judgment are the same as the reasons for the judgment of the court of first instance (Provided, That the part on the claim to confirm the invalidity of the resolution of this case which is not subject to the judgment of the court of first instance is excluded), and they are cited by the main sentence of Article 420 of the Civil Procedure Act

3. In conclusion, the part of the plaintiff's claim for nullification of the application of the contribution of this case is unlawful and dismissed. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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