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(영문) 광주지방법원순천지원 2017.10.25 2017가합11736
주주총회결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was dismissed from the auditor’s position on August 18, 2016, on the ground that “the Plaintiff committed an unlawful act contrary to the company’s interest in relation to the division and transfer of ownership of the real estate owned by the Defendant Company” at the temporary general meeting of shareholders on April 3, 2017, convened by C, the shareholder and representative director of the Defendant Company.

(hereinafter “instant resolution of the general meeting of shareholders”) B.

On April 3, 2017, the date of the resolution of the general meeting of shareholders of this case, the register of shareholders of the defendant company, which was the date of the resolution of the general meeting of shareholders of this case, is registered as one shareholder whose representative director C holds all 20,

【Ground for recognition】 Evidence No. 1, No. 1, and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. As long as Defendant Company’s assertion is one shareholder of Defendant Company, even if the resolution of the general meeting of shareholders of this case is null and void, Defendant Company asserts that the lawsuit of this case disputing the invalidity of the resolution of the general meeting of shareholders of this case has no interest in confirmation.

B. In a lawsuit for confirmation of confirmation, the benefit of confirmation is required as a requirement for protection of rights, and the benefit of confirmation is recognized when the judgment of confirmation is the most effective and appropriate means to remove the Plaintiff’s right or legal status uneasy danger.

However, as long as the Plaintiff was dismissed from the audit by the resolution of the general meeting of shareholders of this case, it is difficult to present other effective and adequate means than claiming the invalidity of the above resolution and filing the lawsuit of this case. Thus, as alleged by the Defendant Company, C may make a resolution of the general meeting of shareholders dismissing the Plaintiff from the audit, even if it is possible for C to make a resolution of the general meeting of shareholders dismissing the Plaintiff from the audit as the single shareholder of the Defendant Company, such circumstance alone cannot be deemed to have no legal interest

Therefore, the defendant company.

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