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(영문) 수원고등법원 2021.03.31 2020나11212
정기총회결의 무효확인
Text

The instant lawsuit was concluded upon the Plaintiff’s death on January 4, 2021.

costs of lawsuit after the termination of the lawsuit.

Reasons

If a member of the decision-making body pursuant to the articles of association of the organization filed a civil lawsuit claiming the existence or validity of the resolution made by the decision-making body against the above organization based on his status while the lawsuit was in progress, or died during the process of the retrial after the decision-making body became final and conclusive, there is no room for taking over the lawsuit since the status as a member of the decision-making body cannot be deemed to be subject to inheritance as an exclusive right. Thus, the lawsuit or the retrial lawsuit is terminated without the suspension of the plaintiff's death (see Supreme Court Decision 2003Da64381, Apr. 27, 2004, etc.). In this case, the public health unit filed the lawsuit of this case seeking confirmation as to the defendant on the premise that the plaintiff himself is a member of the defendant clan, but according to the basic certificate bound by the records, and the funeral confirmation document, the plaintiff died on Jan. 4, 2021, which is obviously the plaintiff's death as an exclusive right to inheritance of the defendant clan.

I would like to say.

Therefore, the instant lawsuit is determined as per Disposition by declaring that the instant lawsuit was terminated upon the Plaintiff’s death on January 4, 2021.

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