(영문) 서울고등법원 2015.04.17 2014나2036434

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(영문) 서울고등법원 2015.04.17 2014나2036434

대의원총회결의 무효확인청구의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is as follows, except for the case where the part of the judgment on the defendant's main defense, which stated between 5, 14 and 6, 19, is written in the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The part of the correction "B. 1) The defendant union asserted that the principal safety defense of the defendant union is an organization affiliated with the G union (hereinafter "G union"), which is an incorporated association, and that the procedure for expulsion of the members of the defendant union is finalized upon the resolution of expulsion of the G union. Since there was a resolution of expulsion of the defendant union against the plaintiff, the change of the plaintiff's legal status was finally caused by the resolution of expulsion of the G union. Therefore, the lawsuit of this case cannot be a final settlement of the dispute, and even if the plaintiff won the lawsuit of this case, it does not recover the status of the defendant union's member. Thus, the lawsuit of this case is not an independent disciplinary measure, but an action of this case is unlawful because the defendant union constitutes "personal matters of disciplinary resolution", which is a reference for the resolution of discipline of the G union. Accordingly, the plaintiff's resolution of disciplinary action should be asserted to the effect of disciplinary resolution of the G union, and therefore, the lawsuit of this case is unlawful as a person who acquired evidence No. 314 and No. 15 of the amended articles of association No. 1514.

The "Article 10 (4)" and Article 10 (4) shall deliberate on the Board of Directors with respect to a person who fails to comply with various regulations as a partner, or who, as a result of the member's suspension, has significantly impaired the honor of the member and a long-term delinquent

참조조문

-민사소송법 제420조

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