소유권말소등기
1. The main lawsuit of this case and the intervention of an independent party shall be dismissed respectively.
2. The plaintiff and the independent party intervenor.
1. The shareholder of a stock company which determines the legitimacy of a claim for the registration procedure for cancellation of ownership transfer registration among lawsuits filed by an independent party intervention may exercise the director’s right to maintain the act against the director’s act in accordance with certain requirements (Article 402 of the Commercial Act) or bring an action to enforce that director’s act is responsible pursuant to a representative lawsuit (Article 403 of the Commercial Act). It is not possible to assert the invalidity of a contract concluded by the company by entering into a transaction with a third party directly (see, e.g., Supreme Court Order 2000Ma7839, Feb. 28, 2001). Barring special circumstances, barring special circumstances, the shareholder’s right to property, such as a real right claim against a third party, which the company has against a third party based on the shareholder’s right
(See Supreme Court Decision 95Da6885 delivered on March 24, 1998, etc.). The Plaintiff and the Intervenor, as a shareholder of the Plaintiff Company D, sought procedures for registration of cancellation of ownership transfer registration by asserting that the sales contract on each real estate listed in the separate sheet Nos. 1 through 4 (hereinafter “instant sales contract”) between D and the Defendant was null and void due to the lack of the resolution of the general meeting of shareholders, and that the registration of ownership transfer was completed on the grounds of the null and void sales contract is null and void.
However, in light of the legal principles as seen earlier, the Plaintiff and the Intervenor asserted as the shareholder of D cannot assert the invalidity of the instant sales contract, and even if D has the right to claim the cancellation of the ownership transfer registration under the name of the Defendant, which was completed with respect to each real estate listed in the separate sheet No. 1 through No. 4 of the attached Table No. 4 against the Defendant, it cannot be exercised. Therefore, the claim for the cancellation of each ownership transfer registration among the lawsuits involving the principal
2. The legal status of the lawsuit filed by an independent party to confirm the legitimacy of the part of the claim for confirmation.