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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 gist of the Plaintiff’s assertion is a stock company with the main business of mining business, etc., and the Plaintiff is a shareholder and director who hold shares equivalent to 40/100 of the total number of outstanding shares of C, and the Defendant is a person holding office as a representative director of C from March 3, 2014 to March 3,
C On February 28, 2018, upon accepting the mining right of this case, C transferred its registration in the name of C.
However, the defendant, upon the occurrence of profits from the extraction of tin and active minerals, made the company set up under C by deducting the only property of C, without a special resolution of the general meeting of shareholders and approval of the board of directors as stipulated in Articles 374, 398, and Article 43 of the Articles of incorporation of C and C of the Commercial Act on July 2, 2018, without the special resolution of the general meeting of shareholders and the procedures for approval of the board of directors as stipulated in Articles 374, 398, and C of the Articles of incorporation.
Since the act of transferring the mining right of this case, which is the only business property of the defendant C, without permission under the name of the defendant, is null and void as a self-transaction by a director without approval of the board of directors under Article 398 of the Commercial Act, C has the right to seek implementation of the procedure for cancellation of transfer of ownership to the defendant, and the plaintiff seeks implementation of the procedure for cancellation of registration against the defendant pursuant to Article 403 (1), (3), and (4) of the Commercial Act, as a shareholder holding shares equivalent to 40/10 of the total number
2. Judgment on the main defense of this case
A. In order to bring a representative suit against the defendant for C by the defendant's assertion of the parties, the plaintiff is entitled to first file a suit to enforce the defendant's responsibility in writing, stating the grounds therefor, pursuant to Article 403 of the Commercial Act.
However, the plaintiff filed the lawsuit of this case without going through the above procedure, although there is no possibility that the damage may not be recovered to C.