총회결의등무효확인
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Claim C.
1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
However, with regard to the new argument that the defendant was at the trial court, the decision as stipulated in the following paragraph 2 shall be added.
2. Additional determination
A. Article 24(1) of the Defendant’s summary of the Defendant’s assertion provides that “The term of office of the president (representative) shall be two years,” and the term of office of C appointed as the Defendant’s representative at the instant special general meeting on June 30, 2018 has already expired after the lapse of June 30, 2020.
Therefore, the lawsuit of this case is subject to past legal relations.
In addition, Article 24 (4) of the defendant's articles of incorporation provides that "the term of office shall be extended, even if the term of office of the president expires, until the successor is appointed at the general meeting or the substitute committee." Thus, the current status of the defendant C as the representative of the defendant is not in accordance with the resolution at the general meeting of this case, but in accordance with the above articles of incorporation. The term of office of C is automatically terminated when a successor is appointed at the general meeting
Therefore, the instant lawsuit cannot be deemed an effective and appropriate means to eliminate anxietys in existing legal relations.
B. According to the evidence No. 37, the defendant's articles of association No. 24 (1) of the defendant's articles of association provides that "the term of office of the president (representative) shall be two years," and Article 24 (4) of the defendant's articles of association provides that "the term of office of the president (representative) shall be extended even if the term of office of the president expires, until a successor is appointed at a general meeting or substitute committee
However, it is clear that “the extension of the term of office of the full-time president” under Article 24(4) of the above Articles of Incorporation is based on the premise that the former president was duly appointed, and as asserted by the defendant, C pursuant to Article 24(4) of the above Articles of Incorporation.