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(영문) 광주지방법원 해남지원 2021.03.03 2020가합81
종중총회결의무효확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The benefit of confirmation in a lawsuit for confirmation is the benefit of confirmation in cases where the relationship between the parties to the legal relationship, which is the object of the lawsuit, is unclear and immediately determined, and the relationship can be removed from existing risks or instability in the plaintiff's rights or legal status of the lawsuit.

The Supreme Court Decision 93Da40089 delivered on November 22, 1994) and the Supreme Court Decision 98Da26187 delivered on January 28, 2000 cannot be deemed to have its detailed effect on the confirmation of invalidity of the resolution of the general assembly of a clan which is an unincorporated association under the Civil Act (see Supreme Court Decision 98Da26187 delivered on January 28, 200, etc.). In light of the above legal principles, even if the plaintiff's assertion was made ex officio, the defendant completed the registration of transfer of ownership of each real estate listed in the separate sheet (hereinafter "each real estate of this case") according to the resolution of this case, and even if the judgment confirming the invalidity of the resolution of this case becomes final and conclusive, the validity is only between the plaintiff and the defendant, and it does not extend to C or the present owners of each real estate

Therefore, the judgment on confirmation of nullity of the resolution of this case cannot be a valid and appropriate solution within a legal meaning in the dispute over ownership of each real estate of this case, and it cannot be deemed that the plaintiff is an effective and appropriate means to eliminate risks or instability in the rights and legal status held as the defendant's closing members. Therefore, there is no benefit in confirmation.

Thus, the lawsuit of this case is unlawful and its defects cannot be corrected. Thus, it is dismissed without pleading pursuant to Article 219 of the Civil Procedure Act.

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