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(영문) 대구지방법원 서부지원 2017.03.30 2016가합1206
직위해임확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Defendant asserted that the Plaintiffs had been dismissed from office of the president at the meeting of the council of occupants' representatives, which was held as of October 3, 2015 (hereinafter “instant apartment”), but did not refund management expenses, miscellaneous reserves for long-term repairs, public funds management, details of selection of entrusted management service providers, bankbooks, account books, etc. which have been kept until now.

As a result, since the operating funds of the council of occupants' representatives of the apartment of this case were deficit, the plaintiffs, who are the occupants of the apartment of this case, seek confirmation of dismissal of the chairman of the council of occupants' representatives against the defendant.

2. In a lawsuit seeking confirmation of invalidity of, or removal from, a resolution of appointment of an officer of a certain organization, even if the judgment citing the claim is issued, the judgment cannot be the most effective and appropriate means to resolve the dispute over the existence or absence of such an officer’s status, because it does not affect the organization in question.

The lawsuit of this case is unlawful because the plaintiffs sought confirmation against the defendant on the dismissal of the president of the council of occupants' representatives of the apartment of this case. The plaintiffs' seek a judgment such as the purport of the claim against the defendant's individual without filing a petition against the council of occupants' representatives of this case

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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