1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Determination as to the legitimacy of the instant lawsuit

A. The Defendant’s provisional shareholders’ meeting on September 24, 2015 (hereinafter “the instant provisional shareholders’ meeting”) asserted by the Plaintiffs was not held in fact, and not only did the Defendant’s notice of convening the Defendant’s shareholders, but also did not notify the Defendant’s shareholders of convening the meeting, appointed E as a director and a representative director, F as an internal director, and G as an auditor, and made a resolution to dismiss H as a representative director and an in-house director, and completed the registration by preparing a false minutes of the shareholders’ meeting as if the resolution to dismiss H was adopted.

B. (1) Ex officio, the director was dismissed from office before the expiration of his term of office by a resolution of the general meeting of shareholders on the replacement of an officer and was appointed as a successor director.

Even if a director is appointed and registered later by a resolution of a new valid general meeting of shareholders, if the resolution of the new general meeting of shareholders is completed later, barring special circumstances such as the absence or invalidation due to a procedural defect other than the defect of the general meeting convened by an unentitled person, or the cancellation of the resolution, it would be reasonable to seek the non-existence or invalidity of the resolution even if the resolution of the new general meeting of shareholders is null and void, and thus, it would be deemed to lack the protection requirement of rights as a lawsuit for confirmation.

(See Supreme Court Decision 96Da24309 delivered on October 11, 1996, etc.). (2) According to the overall purport of each statement and pleading evidence Nos. 1, 2, 9, 10, 11 (including each number), and the whole purport of each statement and pleading, the Plaintiffs, the Defendant’s shareholders, filed an application for a provisional disposition of suspending the performance of their duties with the content of “F shall not perform the Defendant’s internal director’s duties, E’s representative director’s duties and internal director’s duties, and G shall not perform the Defendant’s audit duties.”