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(영문) 부산지방법원동부지원 2015.09.03 2014가합102875
대표자지위부존재확인 등
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The parties' assertion

A. The Plaintiffs asserted that Defendant D, E, F, G, H, I, and J are not in the position of the Defendant Maintenance Foundation, the representatives of D, D, D, D, D, and D, and D are in violation of the doctrine of the L religious organization itself and that Defendant D, E, F, G, H, I, and J are not in the position of the Defendant Maintenance Foundation, D, D, and D’s representative or director.

B. The lawsuit of this case by the Defendants against the defense of this case is unlawful as there is no benefit of confirmation.

2. Determination as to the legitimacy of the plaintiffs' lawsuits against Defendant D, E, F, G, H, I, and J

A. A claim for confirmation of the existence of a representative or a partner belonging to an organization, such as a corporation or non-corporate, is a dispute between a person who has a legitimate interest in contesting the existence of a representative or partner and an organization, such as a corporation or non-corporate to which such representative or partner belongs, and thus, must, in principle, file a claim for confirmation with the organization

A lawsuit seeking the confirmation of the existence of a representative or a member shall not be deemed to have an effect on the relevant organization even if the judgment accepting the claim is rendered, and thus, it cannot be the most effective and appropriate means to resolve the dispute between the parties, and thus, is unlawful as there is no benefit of such confirmation.

(See Supreme Court Decision 97Da4104 delivered on November 27, 1998, etc.). B.

In light of the above legal principles, seeking confirmation against Defendant D, E, F, G, H, I, and J that the plaintiffs are not in the status of the representative or director of the Defendant Maintenance Foundation, the D, D, G, H, I, and D are not in the position of directors of the Korea Development Foundation, the Korea Development Bank, or the Korea Development Bank, because the confirmation judgment does not affect the Defendant Maintenance Foundation, the Korea Development Bank, or the Korea Development Bank, and thus, there is no benefit in confirmation.

C. Accordingly, the plaintiffs' lawsuits against Defendant D, E, F, G, H, I, and J.

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