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(영문) 수원지방법원 2014.06.20 2013가합8796
이사선임결의부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company established on March 8, 201 for the purpose of selling, leasing, selling, etc. housing and commercial buildings.

B. On October 19, 2012, D has resigned from the Defendant’s representative director and director-general, and the Plaintiff was registered on the same day as he/she was appointed as the Defendant’s representative director and director-general, and thereafter, on December 10, 2012, the Plaintiff was registered on January 10, 2013 as C was appointed as the Defendant’s representative director and director-general.

C. On January 10, 2013, at the time of registration of the Plaintiff’s representative director’s resignation, etc., the minutes of the Defendant’s temporary shareholders’ meeting were submitted on December 10, 2012, stating that the Plaintiff resigned from office as the Defendant’s representative director and director and C is appointed as the Defendant’s representative director and director.

(hereinafter “Minutess of the general meeting of shareholders of this case”). / [Grounds for recognition] Gap evidence 1, Eul evidence 2, and the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. On December 10, 2012, the Defendant asserted that the Plaintiff’s defense prior to the Defendant’s merits was not in fact held at the general meeting of shareholders and the board of directors who appointed C as the Defendant’s representative director and company director on December 10, 2012. On December 10, 2012, the Defendant requested confirmation of the non-existence of the resolution of the general meeting of shareholders and the resolution of the board of directors as of December 10, 2012, the Defendant is merely a nominal representative director of the Defendant and did not have any right against the Defendant. Moreover, the Defendant resigned from the Defendant’s office director and the representative director on December 10, 2012, and thus

B. In a lawsuit seeking confirmation of the legitimacy of the instant lawsuit, the benefit of confirmation is to be determined by the confirmation judgment in removing the legal status of the Plaintiff when there is dispute between the parties as to the relevant legal relationship, and thereby, the Plaintiff’s legal status is unstable and dangerous.

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