logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2021.03.24 2020나2030840
종중총회결의무효확인 등 청구의 소
Text

1. The defendant's appeal as to the claim for confirmation of non-existence of the president among the lawsuit of this case is all filed against the plaintiffs.

Reasons

1. Of the instant lawsuit, the appellant may only file an appeal against a judgment unfavorable to himself/herself. Whether the judgment is disadvantageous to the appellant shall be determined at the time of filing the appeal (see Supreme Court Decisions 2007Da20235, Jul. 13, 2007; 83Da515, Oct. 25, 1983; 73Da565, Sept. 25, 197; 73Da565, Sept. 25, 197), and the fact that the court of first instance rendered a ruling dismissing the claim for confirmation of the absence of the status of the president among the instant lawsuit is clearly recorded, and the Defendant has no benefit to file an appeal since there is no disadvantage due to the judgment of the first instance court on this part.

Therefore, the defendant's appeal against the plaintiffs as to the part of the claim for confirmation of non-existence of the president among the lawsuit of this case is in side law.

2. The Defendant’s appeal on the remainder of the claims by the Plaintiff is not significantly different from the allegations in the first instance trial, and even if the evidence submitted in the first instance trial is different from the evidence submitted in this court, the recognition and determination of the facts of the first instance trial is justifiable.

Accordingly, this Court’s ruling is identical to the reasoning of the first instance judgment, except for partial revisions, deletions, and additions as follows, and thus, this Court’s ruling is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

The "Defendant L" in the judgment of the first instance is both "L".

Part 4 of the first instance judgment "A" and part 4 to 6 of the 5th page 11, respectively, shall be deleted.

The "4. Judgment on the merits" in the 6th sentence of the first instance judgment shall be "3. Judgment".

The evidence No. 17 of the first instance court’s 7th 16th 7th 7th am “A” as “Evidence No. 7, 14, 17, 25, 26, and 32 of the A,” and “Evidence No. 14 of the B” as “Evidence No. 14, 18-3 of the evidence No. 18,” respectively.

Part 7 of the judgment of the first instance is 18.

arrow