logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.19 2016가합525973
대표자지위부존재확인
Text

1. All of the instant lawsuits are dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is assessed against the Intervenor.

Reasons

1. As to the defense of this safety which is unlawful due to the absence of power of representation

A. The plaintiff, a non-corporate group, requested the defendant to confirm the absence of representative status of the plaintiff and deliver the building of the plaintiff's office, and the defendant against this, Q, which represents the plaintiff in the lawsuit of this case, was appointed as the representative representative of the plaintiff under the provisional disposition decision (Seoul Central District Court 2016Kahap80830) between the plaintiff and the defendant (Seoul Central District Court 2016Kahap8080). Since the provisional disposition decision does not have effect against the plaintiff, the above Q does not have the authority to represent the plaintiff in the lawsuit of this case. Even if the above provisional disposition decision is effective against the plaintiff, the lawsuit of this case was filed by a non-authorizedO representing the plaintiff, and Q has confirmed a lawsuit which does not have the power of representation beyond the scope of authority as an acting representative. Thus, the lawsuit of this case is unlawful and it is therefore unlawful.

B. In a lawsuit seeking confirmation of invalidity or non-existence of a resolution passed by a juristic person under the Civil Act or an unincorporated association or foundation's representative, where the representative is selected by a resolution passed at the request of nullification or non-existence verification, or where the representative is subject to a suspension of performance of duties and a provisional disposition of appointment of an acting representative, unless otherwise stipulated in the provisional disposition, the representative shall be excluded from all duties including the authority to represent the organization in the lawsuit on the merits, and unless otherwise stipulated in the provisional disposition, the person who represents the organization shall be deemed as the acting representative, not the representative whose performance of duties was suspended, but the representative.

(See Supreme Court Decision 95Da31348 delivered on December 12, 1995, see Supreme Court Decision 95Da31348, also.

arrow