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(영문) 대구지방법원 서부지원 2018.02.23 2017가합774
이사회결의 무효확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. As to the plaintiff's main defense of this case's resignation resolution and the confirmation of invalidity of the appointment resolution on June 15, 2004, the defendant asserts that the lawsuit in this case is unlawful, since there is no benefit of confirmation, such as that the plaintiff cannot recover the director's position through the lawsuit in this case.

2. Determination

A. According to the evidence evidence Nos. 1 and 2, the Plaintiff was appointed as a director of the Defendant Foundation on June 12, 2001, but resigned on June 15, 2004. C was appointed as a director of the Defendant Foundation on June 16, 2004, and C was retired on June 16, 2008. According to the Articles of the Defendant Foundation’s articles of incorporation, the board of directors of the Defendant Foundation shall be elected at the board of directors of the Defendant Foundation, and the term of office shall be four years.

B. A lawsuit seeking confirmation of invalidity of the resignation resolution of this case is permitted to eliminate risks or apprehensions with respect to current rights or legal status.

The lawsuit to confirm the invalidity of the resignation resolution of this case also has the interest in confirmation only where it becomes a valid and appropriate means, in order to recover the original status of the plaintiff's director or to eliminate existing danger or apprehensions in current rights or legal status due to the resolution of dismissal.

(See Supreme Court Decision 94Da4011 delivered on April 11, 1995, etc.). The plaintiff, although he had not resigned from office on June 15, 2004, was treated as having resigned from office despite the fact that he had not resigned from office on June 15, 2004, it is so argued that the resignation is null and void, but there is no other evidence following the fact that the defendant resigned from office on June 15, 2004.

In addition, since resignation constitutes a voluntary declaration of intention, it is impossible to resolve the resignation of the board of directors as well as to determine the validity of resignation even if a resolution was made in order to confirm the intention of resignation of the plaintiff.

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