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(영문) 서울중앙지방법원 2020.07.09 2019가합5791
말소등기절차이행 청구의 소
Text

1. The Plaintiff:

A. Defendant B is a corporate registration number No. 541639, the registry number of the Seoul Central District Court.

Reasons

1. Indication of claim;

A. On April 18, 2018, the Plaintiff was appointed as an internal director and representative director of Defendant B Co., Ltd. (hereinafter “Defendant B”) and was registered as an internal director and representative director on April 19, 2018. On August 9, 2018, the Plaintiff was appointed as the internal director of Defendant C Co., Ltd. (hereinafter “Defendant C”) and was registered as the internal director on the corporate register of Defendant C on August 23, 2018.

B. On February 2019, the Plaintiff expressed his/her intention of resignation to the Defendants for health reasons.

C. Since then, the Plaintiff submitted the resignation letter to the Defendants on February 28, 2019, the Plaintiff requested Defendant B to cancel the registration of the above internal director and representative director, and Defendant C to cancel the registration of the above internal director, but the Defendants failed to comply with this up to the date.

Therefore, Defendant B is obligated for the Plaintiff to perform the registration procedure for cancellation of the above company director and representative director registration, and Defendant C is obligated to perform the registration procedure for cancellation of the above company director registration.

2. Applicable provisions;

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant C: Judgment based on the recommendation of confession (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act);

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