The instant lawsuit is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s assertion was made by the board of directors of May 21, 2018 (hereinafter “instant general meeting of shareholders”) on June 15, 2018, and thereafter a resolution was made to appoint C as directors and representative directors of the instant general meeting of shareholders (hereinafter “instant resolution”).

However, as to the plaintiff, who is the defendant's director and stockholder, the above notice of convening the board of directors and the general meeting of shareholders of this case was not given on May 21, 2018. At the time of the resolution of this case, D, who is not a legitimate shareholder, participated as a shareholder and appointed C as a director and representative director. This constitutes a defect in the procedure of convening a meeting and the method of resolution to the extent that the resolution of this case

Therefore, we seek confirmation of invalidity of the resolution of this case against the defendant.

2. On the basis of ex officio determination as to the legitimacy of the instant lawsuit, the subject of confirmation in the lawsuit for confirmation requires the present rights or legal relations (see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013). Thus, barring any special circumstance, verification of the existence of past rights or legal relations is not recognized (see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013). In a lawsuit seeking confirmation or revocation of the absence or invalidity of a resolution of appointment of an officer made at the general meeting of shareholders or the board of directors, in cases where all the executives appointed by such resolution fail to take office or resign from the position, and a new officer is elected by a new resolution of the general meeting of shareholders and the registration of appointment is completed, the new resolution of the general meeting of shareholders shall be completed, barring any special circumstance such as where there is any defect in the initial resolution for appointment of an officer other than the defect of the general meeting called by the unentitled.