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(영문) 서울고등법원 2018.01.26 2017나2047411
회장자격부존재확인 등
Text

1. The part of the judgment of the court of first instance against Plaintiff A is revoked.

2. The lawsuit of the plaintiff A-Woo shall be dismissed.

3...

Reasons

1. The reasoning for this part of the lower court’s reasoning is identical to that of the relevant part of the first instance judgment (the second 17 to 5 pages), except for the modification as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each "this Court" of the fourth four instances of the judgment of the court of first instance shall be deemed to be "Acheon Branch Branch of the District Court".

Each "this Court" of the 4th 8th 1st eth eth eth eth eth eth eth eth eth eth e.

At the fifth bottom of the judgment of the first instance, "No. 26" is raised with "No. 26,29,30".

2. Determination on the legitimacy of the lawsuit brought by the Plaintiff natives Association

A. The defendant's assertion of the plaintiff natives' meeting is arguing that the defendant does not have the status as the chairperson of the plaintiff natives' meeting even though he/she did not have the status as the chairperson of the plaintiff natives' meeting. Thus, the defendant is seeking confirmation that the defendant does not have the status as the chairperson

B. A lawsuit seeking confirmation of the absence of a legal status of a representative whose term of office expires is merely seeking confirmation of the past legal relationship or legal relationship, and is not a valid and appropriate means, barring special circumstances, such as where a resolution of appointment of a new representative was made upon the expiration of the term of office of the representative subject to confirmation of the absence of a legal status is valid and appropriate in order to eliminate such apprehension and risk. Thus, barring special circumstances such as where a resolution of appointment of a new representative was made upon the expiration of the term of office of the representative, the lawsuit seeking confirmation of the absence of a legal status of the representative whose term of office expires is

In this case, the defendant's term of office has expired already, and the plaintiff B is selected as a new chairperson of the plaintiff natives Association and is currently performing the duties of the chairperson, and the defendant is also the chairperson of plaintiff B.

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