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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence of sub-paragraph 3 to 8, Eul evidence of sub-paragraph 2, 3, 12, 13, and 18 (including each number), and the purport of the whole pleadings:
The Defendant’s resolution, etc. on January 23, 2015 at the board of directors was the company whose main business purpose is the housing construction business, etc. (2) as of January 9, 2015, the Defendant’s director was the Plaintiff, D, and C. However, as of January 9, 2015, the Defendant’s director D, C, as of January 9, 2015, requested the Plaintiff, who was the Defendant’s director and the representative director as of January 9, 2015, to convene a board of directors for the agenda for the change of the representative director, and sent a mail to request the Plaintiff, who was the Defendant’s director and the representative director,
3) On January 12, 2015, the Plaintiff issued a notice to convene a board of directors on February 13, 2015 to D and C by content-certified mail. (4) However, D and C decided that the Plaintiff would actually refuse to convene a board of directors, and that it would hold a board of directors on January 15, 2015, by content-certified mail to the Plaintiff on January 23, 2015.
5) The Defendant’s board of directors held on January 23, 2015 (hereinafter “First Board of Directors of this case”)
A) At the time of the Defendant except the Plaintiff, D and C attended the meeting, and with the consent of all the members present, the Defendant’s representative director dismissed the Plaintiff from the Defendant’s office and appointed C as the Defendant’s representative director (hereinafter “the first board of directors resolution”).
B. (B) The Plaintiff’s detention and the Defendant’s resolution of the board of directors on August 14, 2015, etc. (1) the resolution of appointing E as the Defendant’s director at the Defendant’s temporary general meeting of shareholders on February 27, 2015, held by the Defendant’s temporary general meeting of shareholders on February 27, 2015, and May 18, 2015.