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(영문) 서울서부지방법원 2017.03.29 2016가합35833
대표자지위부존재 확인 청구
Text

1. The instant lawsuit was concluded upon the Plaintiff’s death on December 1, 2016.

2. The costs of lawsuit shall be borne by each person;

Reasons

Judgment ex officio is made.

If a member of a decision-making body under the articles of incorporation of the organization filed a civil suit that contests the existence or validity of a resolution made by the decision-making body against the said organization based on his status and died during the proceeding of the lawsuit, the status as a member of the decision-making body cannot be deemed to be subject to inheritance as an exclusive right, and thus the lawsuit is terminated without interruption of his/her death (see, e.g., Supreme Court Decision 2003Da64381, Apr. 27, 2004). Under the premise that the Plaintiff is the Defendant’s member, the Plaintiff filed the lawsuit in this case seeking confirmation of the absence of a representative status of C, asserting that a resolution to appoint the Defendant as the representative at the extraordinary general meeting of August 29, 2013, which was null and void.

However, according to the records, it is recognized that the plaintiff died on December 1, 2016 while the lawsuit in this case is pending, and the status as the defendant's member is not subject to inheritance as the right of good faith. Thus, the lawsuit in this case was terminated upon the death of the plaintiff.

Therefore, it is so decided as per Disposition by declaring the completion of the lawsuit in this case.

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