이사선임결의부존재확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 and Eul evidence 2, taking into account the overall purport of the pleadings:
The defendant is a company established on March 8, 201 for the purpose of selling, leasing, selling, etc. of housing and commercial buildings.
B. On October 19, 2012, D has resigned from office as the Defendant’s representative director and director, and the Plaintiff was registered as the Defendant’s representative director and director on the same day, and thereafter, on December 10, 2012, the Plaintiff is registered as the Defendant’s representative director and director, and C has taken office as the Defendant’s representative director and director on January 10, 2013.
C. On January 10, 2013, at the time when the Plaintiff’s registration of resignation, etc. of the representative director was made, the minutes of the Defendant’s temporary general meeting of shareholders (hereinafter “Minutess of the instant general meeting”) were submitted on December 10, 2012, stating that the Plaintiff resigned from office as the Defendant’s representative director and director and C assumed office as the Defendant’s representative director and director.
2. Judgment on the defendant's main defense
A. On December 10, 2012, the purport of this case’s defense asserted that the Plaintiff did not actually hold a resolution of the general meeting of shareholders on December 10, 2012 (hereinafter “resolution of the general meeting of shareholders”) that was appointed as the Defendant’s inside director and representative director as the Defendant’s lawsuit, the Defendant asserted that there was no profit to seek confirmation of the non-existence of the resolution of the general meeting of shareholders as of December 10, 2012, as the Plaintiff was merely the Defendant’s nominal representative director and did not have any right against the Defendant, and that the Plaintiff resigned from the Defendant’s inside director and representative director on December 10, 2012.
B. In a lawsuit seeking confirmation of the legitimacy of the instant lawsuit, the benefit of confirmation is disputed between the parties regarding the legal relationship subject to the lawsuit, and thereby, the Plaintiff’s legal status is unstable and dangerous.