1. The division between Defendant B and Defendant C as of February 23, 2018 is null and void.

2. The costs of lawsuit shall be.

1. Facts of recognition;

A. 1) The Plaintiff is the Defendant C Co., Ltd. (hereinafter “Defendant C”).

)의 감사 상법 제530조의11 제1항, 제529조 제1항 이다. 2) 피고 주식회사 B(이하 ‘피고 B’이라 한다)은 2018. 2. 23. 부동산매매업, 토목건축공사업 부문을 분할하여 피고 C를 설립하고, 피고 B은 존속하기로 하였다

(hereinafter referred to as the “instant corporate division”). B.

1) The minutes of a temporary general meeting of shareholders, stating that “Defendant B’s temporary general meeting was held on February 7, 2018 and approved a plan for the division of the same content as the instant company division with the consent of all shareholders.” On February 23, 2018, the registration of incorporation of Defendant C and the registration of the instant company division was completed on February 26, 2018. 2) Defendant B’s shareholders did not call a notice for the temporary general meeting of shareholders on February 7, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Article 530-3(1) of the Commercial Act provides that “When a company divides or merges through division, it shall prepare a division plan or written agreement for division and obtain approval from the general meeting of shareholders.”

However, since the general meeting of shareholders of Defendant B was not lawfully held at the time of the corporate division of this case, the corporate division of this case is null and void without approval of the general meeting of shareholders.

3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.