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(영문) 서울동부지방법원 2016.12.06 2016가합104355
회사에 관한 소송
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. (Gu)J and (Gu) K were integrated into J under the National Sports Promotion Act, M, a member organization of LJ sports groups, and ( Gu) K, was incorporated into the defendant on March 26, 2016 through an inaugural general meeting of the shareholders of L and ( Gu) K, and I was appointed by the above Assembly as the chairperson.

B. Plaintiff A, who is the president of the LJ sports organization (Gu) and Plaintiff B, the vice-chairperson of L, Plaintiff C, D, E, and F, and Plaintiff G, the Daegu Branch of L, the chairman of L.

[Ground of recognition] Facts without dispute, entry of Gap 2 and 4 evidence, purport of the whole pleadings

2. The Plaintiff, as well as I’s grounds for disqualification as an officer, and the Defendant’s meeting on March 26, 2016, held that the procedural defect was serious, such as violating the convening procedure, and thus, the Defendant’s meeting on March 26, 2016, asserts that the resolution that I was appointed as the president at the meeting of the Defendant’s Assembly on March 26, 2016, is invalid

On this issue, the defendant has already resigned from I, and thus seeking confirmation of invalidity of the resolution of appointment of the president to I is unlawful as there is no benefit of confirmation.

On July 26, 2016, the facts that I resigned from the office of the Chairperson of the Defendant is also the Plaintiff. If so, obtaining confirmation of invalidity of the resolution of appointment of the Chairperson on March 26, 2016 by I is merely seeking confirmation of past legal relations or legal relationships, and seeking confirmation of invalidity of the resolution of appointment of the Chairperson, which constitutes a previous legal relationship, is not a valid and appropriate means to resolve the defendant's current legal relationship or apprehension of legal status. Therefore, seeking confirmation of invalidity of the resolution of appointment of the Chairperson of I does not have a benefit of lawsuit, and the Defendant's prior objection to this point is with merit.

3. In conclusion, the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.

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