이사회결의무효확인
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each description of evidence A Nos. 1 and 2:
The defendant is a corporation established pursuant to the Social Welfare Services Act for the purpose of the establishment and operation of childcare facilities and the construction and operation of a comprehensive elderly welfare center.
B. F was the representative director of the Defendant, and the Plaintiffs and HGI were the Defendant’s directors.
G was appointed on December 8, 2009, and FHI Plaintiff A was reappointed on May 19, 2010, and Plaintiff B C was reappointed on June 19, 2010.
C. On October 29, 2012, the Defendant’s meeting minutes of the board of directors on October 29, 2012 contain that the FHGI attended, and that the FHGI resolved to serve the F as a representative director and the reappointment of G directors.
(1) The court below held that the above resolution of the board of directors, which the defendant asserted that the board of directors was held by the defendant, as stated in the minutes of the board of directors, was the same as the above resolution of the board of directors, and that the above resolution of the board of directors was held by the board of directors.
A. The Defendant filed the instant lawsuit by asserting that there is no resolution of the board of directors on the defense prior to the merits of the case, or that there is no validity of the resolution of the board of directors. Accordingly, the Defendant asserts to the effect that there is no legal interest in the instant lawsuit to dispute the validity of the resolution of the board of directors’ reappointmenting of the FG, as the FG resigned from the board of directors and no longer is in the position of directors.
On the other hand, seeking confirmation of invalidity of a resolution of appointment of director against a director who had been appointed by a resolution of the board of directors but has already lost the status as a director by dismissal or resignation does not have any interest in litigation because it was returned to seeking confirmation of the past legal relationship or legal relationship (see Supreme Court Decision 96Da37206, Dec. 10, 196). This legal doctrine is a resolution of appointment of director.