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(영문) 서울고등법원 2018.05.29 2017누76366
임시이사 선임처분 취소
Text

1. Revocation of the first instance judgment.

2. On January 26, 2017, the educational foundation I temporary directors of the Defendant to D, E, F, G, and H.

Reasons

Details of the disposition

This Court's reasoning is as follows, except for the part added or used as follows, and thus, it is identical to the corresponding part of the reasoning of the judgment of the first instance. Thus, this Court's reasoning is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

After the second sentence of the judgment of the first instance, “Plaintiffs (O)” was followed by the second sentence of “Plaintiffs” (O) and the second sentence following the second sentence of the judgment of the first instance, “The court declared the termination of the lawsuit against B on March 27, 2018 and died on February 2018, this court declared the termination of the lawsuit against B”; “B” was added after “Plaintiffs” of the third 9, fourth 1, first 1, second 1, second 2, “Plaintiffs and B”; “Plaintiffs” of the third 13, fourth 6th 6th 7th 7th 7th 7th 1 and “Plaintiffs and B” were both “Plaintiffs and B”.

5-6 under the 3th sentence of the first instance judgment, the Supreme Court rendered a sentence “(Seoul High Court 2014Nu72691)” (hereinafter “the second instance judgment”). This case is currently being tried by the Supreme Court (Supreme Court 2015Du56540). The Supreme Court’s final appeal was dismissed on December 28, 2017 and became final and conclusive (Seoul High Court 2014Nu72691, Supreme Court 2015Du56540, hereinafter “the revocation judgment of the approval of taking office of this case”).”

Under the 4th sentence of the first instance judgment, “(the replacement of the plaintiffs and B among temporary directors shall be H, J, and K)” shall be added to the end of 11.

The 10th day below the 4th day of the first instance judgment shall be added "(including the number of branch numbers)" after the 10th day below.

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Determination as to the defendant's defense prior to the merits

A. Since the summary of the defendant's assertion expired the term of office of the plaintiffs and the temporary directors appointed by the instant disposition expired, there is no benefit for the plaintiffs to seek revocation of the said disposition.

(b) The original decision-making of the school foundation whose appointment approval has been revoked.

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