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(영문) 서울고등법원 2018.06.29 2018나2002255
결의무효 등 확인
Text

1.(a)

Among the judgment of the first instance, the dismissal of the plaintiff's claim shall be revoked.

B. The plaintiff is an incorporated association C Branch.

Reasons

1. The reasons for this part of the basic facts are as stated in the judgment of the court of first instance, and the corresponding part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff, ex officio, sought confirmation against the Defendant that the Defendant’s standing committee’s resolution on the invalidation of the instant election and the invalidation of a resolution on the revocation of approval of an officer, and sought confirmation that the resolution on the invalidation of an election and the invalidation of a resolution on the revocation of approval of an officer is invalid. Accordingly, the Plaintiff is currently in the position of the head of the chapter in C branch under the National Federation.

However, in a lawsuit for confirmation, the past legal relationship affects the present legal relationship, even if it affects the present legal relationship, it is merely a premise to resolve the present dispute. Therefore, it is not necessary to recognize the lawsuit for confirmation as to the present legal relationship in addition to recognizing the lawsuit for confirmation as to the present legal relationship.

(See Supreme Court Decision 87Meu1280 Decided April 25, 198). Each of the above claims by the Plaintiff is for the confirmation of the status of the head of the branch and has the same purpose. Among them, the part for which the Plaintiff seeks confirmation of the status of the head of the branch can be recognized as a legal interest confirming the present legal status. However, the part for the resolution of March 17, 2017 by the Defendant Standing Committee on the invalidation of an election and cancellation of approval for the head of the branch is the past legal relationship. Even if it affects the existence of the status of the head of the branch, which is the current legal relationship, it is nothing more than the premise for resolution of the present dispute.

3. Determination as to the claim for confirmation of the status of the branch chief

A. The defendant alleged that ① has the authority to decide the invalidity of election and the cancellation of the approval of executive officers with respect to the president of the branch. ② The plaintiff took part in the unfair disciplinary action against E, thereby Slandering E or spreading false facts.

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