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(영문) 서울고등법원 2018.06.01 2017나2069572
이사회 결의 무효확인
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The defendant is an incorporated association aimed at exchanging information on nuclear energy and promoting exchanges and cooperation with relevant domestic and foreign institutions. 2) The plaintiff has been in charge of the head of the Geum-gu branch office belonging to the defendant's Busan City branch office since May 2007, and from April 1, 2015, the defendant's head of the Busan City branch office (hereinafter "the head of the Busan City branch office") and the director of the Central Federation.

B. On August 1, 2016, the Defendant held a provisional director meeting on the dismissal of the Plaintiff and D’s appointment of the president (hereinafter “instant resolution”) and passed a resolution to dismiss the Plaintiff at the Busan City Mayor, the director of the Federation, and the director of the Geumcheon-gu Branch (hereinafter “instant resolution”).

(2) On September 30, 2016, the Defendant held a regular board of directors on September 30, 2016 and passed a resolution to appoint D as the head of the Defendant’s Busan City Mayor. The Defendant’s representative appointed D as the head of the Defendant’s Busan City Mayor according to the Defendant’s

C. The main contents of the defendant's articles of incorporation and the appointment of executive officers or directors of the Busan City Branch's Association shall be as stated in attached Form 1, and the main contents of the defendant's Busan City Branch's Association rules related to this case are as stated in attached Form 2.

[Ground for recognition] The fact that there is no dispute, Gap's 1 through 4, 16, 18, 50, 52 evidence, Eul's 9, 10, 32 evidence, and the purport of all pleadings

2. Judgment on the main defense of this case

A. The summary of the defense is that the Plaintiff’s term of office of the Plaintiff’s Busan City Mayor and the president of the Geum-gu Branch was expired on March 31, 2018, seeking confirmation of invalidity of the resolution of this case is merely seeking confirmation of past legal relations or legal relationship, and thus, there is no interest in confirmation.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence as seen earlier, the Plaintiff’s term of office expired, and there is no ground to recognize the Plaintiff’s temporary status after the expiration of the term of office. Therefore, the instant lawsuit is brought.

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