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(영문) 서울서부지방법원 2016.10.06 2016가합1809
계약무효확인(임기만료)
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

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

Reasons

1. Each contract entered into on July 17, 2015 and August 26, 2015 between Defendant B Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Cooperative”) and Kentent (hereinafter “Centent”) on the Plaintiff’s assertion, concluded on July 17, 2015 and August 26, 2015: (a) Nonparty C, who is not authorized due to the expiration of the term of office of the chairman of the Promotion Association; (b) failed to obtain prior consent of the members despite the need of prior consent of the members; and (c) is a breach of trust contract that allows the Defendant Cooperative to pay excessive amounts to Kentent; and (b) Defendant Kentent does not have the right under the said contract.

In addition, a contract concluded on June 24, 2015 between the defendant union and the defendant Jyang Engineering Certified architect office (hereinafter "the defendant Jinyang"), and the defendant Saturdays Certified architect office (hereinafter "the defendant Saturdays"), shall be null and void as it was concluded in accordance with the resolution of the general meeting convened by the chairperson of the promotion committee who has no authority due to the expiration of the term of office of the chairperson of the promotion committee. The defendant Jinyang and Saturdays do not have the right under the above contract.

2. The lawsuit for confirmation of the judgment on the defense of this safety does not necessarily limited to the legal relationship between the parties, but can be the legal relationship between one party and a third party or between third parties. However, in order to have the interest in confirmation of such legal relationship, it is necessary to immediately determine by the judgment of confirmation on the legal relationship in order to eliminate the risk and non-performance, and it should be the most effective and appropriate means. The members of the redevelopment association have the interest in the operation of the partnership, but it is merely a general and factual interest and has specific legal interests.

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