주주총회결의 등 무효확인 등
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. 1) The Plaintiff is a company that acquired and operated the Plaintiff, etc. (the transferee is the Plaintiff) around March 199, and operated by the Plaintiff, etc. (the transferee is or the Plaintiff is a dispute over whether the transferee is the Plaintiff).
The defendant's trade name was originally OO corporation, but the trade name was changed to P on November 18, 200 and B on February 29, 2008.
3) C Co., Ltd. (hereinafter “C”)
(D) and corporation D (hereinafter referred to as “D”)
(B) around 201, E is a company established and operated by E. (i) around 201. The Defendant’s original shareholder registry, executives, etc. (i) the total number of the Defendant’s outstanding shares is 315,000 shares, and on December 31, 2012 and December 31, 2013, AA is 79,380 shares (2%) in the shareholder registry (hereinafter “original shareholder registry”) on the shareholder registry (hereinafter “original shareholder registry”), Q Q 47,80 shares (15.2%) in Q 47,80 shares (15.2%) in Q 91,350 shares (29%) in Q 35,910 shares (1.4%) in the Plaintiff’s 60,408 shares (19.2%).
2) The executive officers of the defendant before an executive is replaced with a special general meeting of shareholders, a board of directors, etc., as follows: (1) The representative director: K (the office of June 8, 201, the office of resignation July 29, 2014, and the office of resignation): K (the office of June 8, 201, the office of director retired on June 8, 201, and June 8, 2014, but the office of director retired on September 18, 2014), BH (the office of August 16, 2012), BI (the office of June 20, 201), and (3) The auditor (the office of June 20, 2013).
C. On July 29, 2014, the minutes of the special shareholders’ meeting as of July 29, 2014 and the minutes of the special shareholders’ meeting as of August 25, 2014, three shareholders (175,140 shares) among the five shareholders (315,00 shares) of the Defendant’s total number of five (315,00 shares) on July 29, 2014, are present, the provisional shareholders’ meeting as of the progress of K’s representative director at the time of the Defendant’s appearance (hereinafter “general shareholders
The minutes of the extraordinary general meeting of shareholders were prepared, which made a resolution to appoint E as directors and representative directors of the company.
The minutes are affixed with the seals of K and in-house directors, the representative director, BH and BI at the time.
On the other hand, the J has obtained a certification of the minutes on August 5, 2014, and the JJ is the representative director and the chairman and the stockholder.