logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.17 2014가합526033
종중총회결의등무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiffs' assertion, at the board of directors meeting on June 24, 1990, the defendant passed a resolution to appoint T as the defendant's general director, and the board of directors on February 28, 2009 passed a resolution to appoint U as the defendant's chairperson.

However, each of the above resolutions is null and void in violation of Article 5 of the Criminal Procedure Act, which provides that “The officers shall be elected from among the regular members at the general meeting.”

U, as the president, held the special meeting on March 14, 2010. In the above special meeting, a resolution was made to grant U.S. power of representation to provide the land recorded in the attached list as security and to receive loans.

However, U is not a legitimate representative, and thus the above resolution is invalid at the extraordinary general meeting held by U.S.

U and T intend to take the defendant's property by taking the defendant's president and general secretary-general. As such, the plaintiffs seek confirmation of the same contents as the defendant's claims as the defendant's religious members.

2. In a lawsuit seeking confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means for the defendant to receive a judgment of confirmation against the defendant when the plaintiff's right or legal status is in danger, and the removal of apprehension and risk. Thus, if the defendant in a lawsuit seeking confirmation refers to a person who is likely to cause apprehensions about the plaintiff's legal status by dispute over the plaintiff's right or legal relation, he/she shall be a person who claims a benefit in conflict with the legal interest of the plaintiff and shall have the benefit of confirmation against such defendant (see, e.g., Supreme Court Decision 91Da14420, Dec. 10, 191). Therefore, if there is no dispute between the parties as to the subject of confirmation, the

However, the defendant recognizes all of the plaintiffs' claims of this case.

In other words, each resolution between the plaintiffs and the defendant is invalid, and U.S.

arrow