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(영문) 인천지방법원 부천지원 2018.11.14 2018가합496
회원자격해임 및 제명결정
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

(a) An incorporated association C is an incorporated association with the aim of contributing to the sound fostering of juveniles, such as the prevention and guidance activities of juvenile delinquency and the development of purification activities of environments harmful to juveniles.

B. The defendant is the chairperson of the Kimpo-dong Council, an incorporated association.

The plaintiff is the chief vice-chairperson of the Kimpo District Council, an incorporated association.

C. On May 29, 2018, the C Kimpo- District Association, an incorporated association, opened an operating committee and made a resolution to remove and dismiss the Plaintiff from office at the chief vice-president of the C Kimpo-district Association (hereinafter “instant resolution”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, 2, 3, 5-1, 2-2, and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The gist of the assertion is that the Plaintiff sought the revocation of the instant resolution against the Defendant, who is the president of the Kimpo-gun Association, an incorporated association.

However, when the plaintiff contests the validity of the resolution of this case, he/she must file a lawsuit against C or C Kimpo District Association.

The instant lawsuit is unlawful as it is against a person without standing to be the defendant.

B. A general theory of a lawsuit seeking the alteration and formation of existing legal relations can be instituted only where the law expressly provides for the purpose of the alteration and formation of existing legal relations.

(1) The Supreme Court Decision 200Da45020 Decided January 16, 2001 (see, e.g., Supreme Court Decision 2000Da45020, Jan. 16, 2001). The Supreme Court Decision 2000Da45020 Decided January 16, 201 (see, e.g., Supreme Court Decision 2000Da45020).

(see, e.g., Supreme Court Decision 2010Da30676, 30683, Oct. 28, 2010).

Judgment

The plaintiff is seeking the revocation of the resolution of this case, but this constitutes a lawsuit for formation aimed at modifying or forming existing legal relations.

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