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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The defendant is a juristic person established with the trade name "AK Co., Ltd." on November 1, 1983, and the above trade name was changed from November 1, 1983 to December 19, 191. 2) The plaintiff is a director from November 1, 1983 to December 19, 191, a representative director from December 19, 191 to March 7, 1994, a director from November 26, 2001 to September 1, 2005, and a representative director from November 26, 2001 to July 25, 2005.
B. As of December 19, 191, the Defendant’s temporary shareholders’ meeting minutes of the Defendant’s temporary shareholders’ meeting was held as of December 19, 191; C et al. was decided to appoint each of the Defendant’s directors or auditors; the Defendant’s trade name was “stock company B”; the Defendant’s purpose was to change the Defendant’s purpose into Do and retail business (distribution business), commercial sales business, commercial building sales business, commercial rental business, construction business, etc. was prepared; and the above temporary shareholders’ meeting minutes of the general shareholders’ meeting contain each of the seals C et al.
C. As of December 19, 191, the defendant's meeting minutes of the board of directors held as of December 19, 191, the defendant's board of directors was held as of December 19, 191, the five representative directors' joint directors' rules were newly established, and the "Minutes of the board of directors" was prepared to resolve to appoint C, D, plaintiffs, E, and F as the defendant's joint representative director, and each of the above minutes of the board of directors' meetings contains a copy of C, etc.
On December 19, 191, the number of the defendant's shares owned by D, the plaintiff, C, E, and F as of December 19, 191 are 750 shares, respectively. The number of the defendant's shares owned by G, H, I, J, K, L, M, and N is 60 shares, respectively. The number of the defendant's shares owned by theO is 50 shares, and the "list of shareholders" was prepared with the content that the number of the defendant's shares owned by P, Q, and R is 450 shares, respectively.
E. The defendant's extraordinary shareholders' meeting minutes as of February 26, 1994 is the defendant's extraordinary shareholders' meeting minutes as of February 26, 1994.