소유권이전등기말소 등
1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
The reasoning for the court’s explanation on the instant case is as follows, and this is identical to the reasoning for the judgment of the court of first instance except for the following additional portions, thereby citing it as it is by the main text of Article 420
On March 23, 1983, the term of office of the representative director E of the Plaintiff corporation was terminated on February 21, 1983, and the Plaintiff corporation held a board of directors on March 21, 1985 and appointed F as a liquidator on March 21, 1985, and E does not have the right to represent the Plaintiff corporation because E does not have the right to represent the Plaintiff corporation. As seen earlier, the lawsuit of this case brought by the representative of the Plaintiff corporation on February 21, 1983 is unlawful, since the Plaintiff corporation held a temporary director meeting on February 21, 1983, and the term of office of the director E of the Plaintiff corporation was terminated on March 23, 1983, and the director E was dismissed on February 21, 1983, but it is recognized that the articles of incorporation of the Plaintiff corporation was resolved to act as the chief director acting for the Plaintiff corporation, but Article 16(4) of the Act prior to the dismissal of the Plaintiff corporation shall be subject to a resolution of the supervisory authority.
It is difficult to view that the resolution for dismissal of E is lawful, as there is no evidence to acknowledge that the Plaintiff corporation obtained such permission in relation to the dismissal of E. In addition, even if the term of office of an executive under the articles of incorporation of the Plaintiff corporation is four years, it is difficult to readily conclude that the term of office of the Plaintiff corporation as the representative of the Plaintiff corporation has expired as a matter of course on March 23, 1983, and further, the Plaintiff corporation holds a board of directors on March 21, 1985 and appoints F as the liquidator.