2017Da271148 Invalidity, etc. of the election

1. A;

2. B

3. C.

4. D;

5. E.

F, an incorporated association F

Seoul High Court Decision 2017Na2024340 Decided September 21, 2017

March 13, 2018

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal ex officio prior to examining it.

In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer of a certain organization on the ground that there is a defect in the resolution to appoint the executive officer, a lawsuit seeking confirmation of invalidity or non-existence of the resolution to appoint the executive officer at the expiration of the term of office or resignation, etc., and thereafter a new executive officer is appointed, the lawsuit seeking confirmation of invalidity or non-existence of the resolution to appoint the executive officer at the original level, is to seek confirmation of the past legal relations or legal relationship, and in principle, the requirements for protection of rights are not satisfied: Provided, That the foregoing shall not apply where there are special circumstances, such as the absence or invalidation is recognized or cancelled due to a defect in the procedure or content (see Supreme Court Decision 2012Da

According to the records, the defendant decided G as the elected person at the defendant's election for the president of the association held on December 10, 2015, G resigned from the head of the defendant's association on December 12, 2017, while G was pending in the court of final appeal, and the defendant decided G from the defendant's election for president of the association held on December 27, 2017 to be the elected person.

Examining the above facts in accordance with the legal principles as seen earlier, the decision on the elected person on December 27, 2017 is deemed nonexistent or null and void due to defects in the procedure or content, etc. or revoked.

Based on whether there are special circumstances, the instant lawsuit seeking confirmation of invalidity of the decision on the elected person on December 10, 2015, which was filed on December 10, 2015, is seeking confirmation of past legal relations or legal relationships, and may lack the requirements for protection of rights.

As such, since it is necessary to newly examine whether the interest in the lawsuit of this case exists due to the resignation of G and the decision on the elected person on December 27, 2017, which was pending in the final appeal, the case is remanded to the lower court for further proceedings consistent with this Opinion. Therefore, without examining the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min Il-young

Justices Kim Jae-tae

Justices Cho Jong-hee, Justice Cho Jae-hee

Justices Kim Jae-in