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(영문) 서울남부지방법원 2016.11.11 2016가합104471
조합장, 이사, 감사 지위부존재확인청구
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1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

ex officio, we examine the legitimacy of each lawsuit against the Defendants by the Plaintiffs.

The plaintiffs, on January 28, 2016, the defendant F, H, I, J, and its auditor, who had been the head of the association of this case, retired from office in the office of the association of this case, etc., and the defendant K, who had been the director of the association of this case, did not have a status as the head of the association of this case. Thus, the decision to re-consign the defendants as the head of the association of this case at the special general meeting of June 3, 2016 of the association of this case is null and void. Thus, the defendants asserted that the defendant did not have a status as the head of the association of this case. However, while the defendant asserted that the validity of the resignation of officers of the association of this case and the validity of the resolution to re-consign the officers at the general meeting of the association of this case, the plaintiff is an organization of this case. Thus, the judgment of confirmation against an individual of this case can remove the risks or apprehensions in rights or legal status effectively only with the absence of status as the officer of the association.

(1) As to the Defendants, each lawsuit against the Defendants is unlawful as having no interest in confirmation and is thus dismissed in entirety. It is so decided as per Disposition by the assent of all participating Justices on October 28, 2010.

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