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(영문) 수원지방법원 성남지원 2017.04.28 2016가합206280
당선무효확인의소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Defendant asserted that L was elected as the Defendant’s president at an extraordinary general meeting held by the Defendant on October 5, 2016 (hereinafter “instant election”).

L, as the executive officers of the defendant, has not participated for more than six months, and there is a serious defect in the election procedure of this case, and the election commission of the defendant violated fairness and neutrality in relation to the election of this case and also violated the election management regulations.

Therefore, the decision that the defendant made L as the elected person in the election of this case is null and void, and the defendant is dissatisfied with this, so the plaintiffs who are the defendant's members are also entitled to seek confirmation.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

In the lawsuit of confirmation, the subject of confirmation is the current rights or legal relations. Therefore, barring special circumstances, it is not recognized to confirm the existence of past rights or legal relations.

(see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013). In light of the foregoing legal doctrine, L is elected as the Defendant’s president from the instant election on October 5, 2016, but on November 4, 2016, the fact that L is dismissed from the Defendant’s office as the Defendant’s president was either in dispute between the parties or in full view of the purport of the entire pleadings.

Thus, the lawsuit of this case constitutes seeking confirmation of the existence of past rights or legal relations, and it has an impact on the present rights or legal status.

In order to eliminate risks or apprehensions with respect to current rights or legal status, it is unlawful because there are no special circumstances to recognize that obtaining a judgment on confirmation of the legal relationship is a valid and appropriate means.

3. Therefore, we decide to dismiss the instant lawsuit. It is so decided as per Disposition.

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