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(영문) 서울고등법원 2016.07.22 2015나2068506
입주자대표회의회장 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. This part of the judgment of the court is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following additional contents.

B. The term of office of the representatives for each Dong (two years) who are the members of the 4th council of occupants' representatives of the instant apartment complex expired on June 18, 2016, and the election procedure for the composition of a new council of occupants' representatives is still in progress.

[Ground of recognition] Videos of Gap evidence 27

2. The Plaintiff’s assertion is that the instant resolution of dismissal was a resolution of dismissal of the chairman of the council of occupants’ representatives, and not only did there exist grounds for dismissal stipulated in the instant management rules but also was null and void in violation of the procedures prescribed in the instant management rules, and thus, the Plaintiff still sought confirmation as to

3. The defendant's decision on the defense before the merits of this case asserts that since the term of office as the representative of each Dong and the president of each Dong has already expired, seeking confirmation of the defendant's standing as the defendant's president is related to the past legal relations and

However, the plaintiff now seeks confirmation that the plaintiff is the chairperson of the defendant on the ground that the resolution of dismissal in this case is null and void, and the defendant asserts that the resolution of dismissal in this case was valid and that the plaintiff was dismissed from the defendant's office, so it shall be deemed that there is a benefit of confirmation as a current legal relationship.

Therefore, the defendant's defense prior to the merits is without merit.

4. Judgment on the merits

A. The relationship between the non-corporate company and its representative is the same as the legal relationship between the delegating and the delegated person, and the representative is once the term of office expires, so the delegated relationship loses its status as the representative, so it cannot be said that it is no longer the status as the representative.

However, until his successor is selected and appointed.

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