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(영문) 전주지방법원 2020.09.24 2020가합2389
자치위원회회장의지위또는권한의부존재
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff, as to the lawfulness of the instant lawsuit, seeks confirmation against the Defendant that the Defendant was not in the position of the president of the Yansan-gu Seoul Metropolitan Autonomous Committee (hereinafter “instant apartment”), or that the Defendant did not have the authority to do so as the president of the Governing Committee.

ex officio, we examine the legitimacy of the instant lawsuit.

A resolution of appointment of officers of a juristic person or an association which is not a juristic person under the Civil Act is an organization's decision-making which is the subject of legal relations. Therefore, the organization's decision-making is subject to a judgment that confirms the existence or validity of a resolution of appointment, but can effectively eliminate the risk or apprehensions about the legal status arising from such resolution. In a lawsuit seeking confirmation as to the invalidity of a decision of election of officers or a lawsuit seeking confirmation as to the status of the representative or member of an association which is not a juristic person, the judgment citing the relevant claim is issued.

Even if the judgment cannot be effective to the relevant organization, it cannot be the most effective way to resolve the dispute between the parties surrounding the status of the elected person, representative, or member. Thus, the claim against the elected person, representative, or member cannot be the most effective way to resolve the dispute. Thus, the claim against the elected person, representative, or member is unlawful because there

(See Supreme Court Decision 91Da12905 Decided July 12, 1991; Supreme Court Decision 91Da37683 Decided May 12, 1992; Supreme Court Decision 201Ma247 Decided May 13, 201; Supreme Court Decision 201Da10155 Decided February 16, 201, etc.). Therefore, even if a judgment citing a claim against the defendant who is an individual is rendered in this lawsuit seeking confirmation of the status or authority of the representative of an association, the said judgment becomes effective against the instant apartment autonomous committee.

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