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(영문) 서울고등법원 2018.08.16 2018나2009607
대표자지위부존재 확인 등 청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff (appointed party) shall be revoked, and the lawsuit against the plaintiff (appointed party) shall be brought by the plaintiff.

Reasons

1. Part of the Plaintiff’s claim

A. The Defendant’s defense prior to the merits argues to the effect that, first of all, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) is no longer the Defendant’s teaching staff, and that T is not entitled to seek confirmation as to whether it is the Defendant’s representative status.

However, it is recognized that the Plaintiff received a confirmation judgment when there is a dispute between the parties as to legal relations subject to confirmation and the Plaintiff’s right or legal status is the most effective and appropriate means to remove such apprehension or danger (see Supreme Court Decisions 2014Da218511, Dec. 11, 2014; 2017Da216271, Jul. 11, 2017). In this case, the Plaintiff was subject to a disposition of expulsion from the Defendant on February 13, 2017, which was issued by the said 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 20th general meeting of the 206th general meeting of the 27th general meeting.

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