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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.
Reasons
Basic Facts
The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and therefore cites it as it is by the main text of Article 420 of the Civil Procedure Act.
The Defendant’s main defense on this safety defense was held on July 4, 2014 after the general assembly of this case and was newly appointed by the president of the partnership on July 4, 2014 in accordance with lawful procedures after the general assembly of this case. As such, the Defendant’s defense on this safety defense asserted that it is unlawful to seek confirmation of invalidity of the resolution to dismiss the Plaintiff from the president of the partnership (hereinafter “the resolution of the general assembly of this case”).
In a case where an executive officer of a certain organization is dismissed from office before the expiration of his/her term of office by a resolution of the general meeting and an officer is appointed later by a new valid resolution of the general meeting, barring special circumstances such as the absence or invalidation due to procedural defect other than the defect of the general meeting convened by an unentitled person or the cancellation of the resolution, seeking confirmation of non-existence or invalidity even if the original resolution is null and void shall be based on seeking confirmation of the past legal relations or legal relationship, and it shall be deemed to lack of the requirement of protection of rights as a lawsuit for confirmation.
(1) In light of the above legal principles, even if the resolution of the general meeting of this case is null and void as alleged by the Plaintiff, there was a resolution of the general meeting designating the new president of the succeeding partnership, and unless there are special circumstances such as the absence or invalidation due to procedural defect or the content defect, or the revocation of the resolution, in addition to the defect of the general meeting convened by an unentitled person, the Plaintiff seeking confirmation of invalidity of the resolution of the general meeting of this case is seeking confirmation of the past legal relationship or legal relationship.