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1. Revocation of a judgment of the first instance;
2. The plaintiff's lawsuit against the defendant shall be dismissed.
3. The defendant succeeding intervenor is the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a medical corporation under the Medical Service Act for the purpose of establishing and operating a medical institution, and operated the E hospital and its affiliated funeral hall in the building located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant building”).
B. Around October 2010, F, who served as the chief director (in accordance with the Plaintiff’s articles of incorporation, a director other than the chief director has no power of representation, and as long as it does not need to be distinguished below, shall transfer the Plaintiff’s position and right of operation to G in the amount of KRW 4.5 billion. However, if a mutual dispute arises or the payment of the price is delayed, F agreed to receive a resignation letter of the chief director and a resignation letter of new director in G’s name for reinstatement.
C. Pursuant to the above agreement, on January 13, 201, F notified G to hold a temporary board of directors on January 20, 201, using “(i) the entry of a new director-general, (ii) the establishment of a business plan, and (iii) other agenda items as an agenda item.”
On January 20, 201, the Plaintiff’s meeting held on January 20, 201, including F, was present at the Plaintiff’s meeting of the board of directors, and four of the five directors working for the Plaintiff, including F. The board of directors expressed their intent to resign from the position of director and chief director, and the resolution containing appointment of G as a new chief director (hereinafter “instant resolution”) was made.
F submitted to the Plaintiff a letter of resignation on January 20, 201, which contains a statement that the Plaintiff’s resignation from office around the above board of directors.
E. On January 20, 201, on the Plaintiff’s corporate register, F resigned from office as a director with the power of representation, and on January 21, 201, the registration of alteration was made on January 21, 201 that G was the only director with the power of representation.
F. Unlike this Agreement, G does not pay the acquisition price at all, F is the Seoul Central District Court against the Plaintiff.