1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The defendant is a stock company established for the purpose of the aircraft-using business, and the total amount of capital is one billion won.

B. According to the certified transcript of corporate register of the defendant, the plaintiff, C, and D stated that they were appointed as the plaintiff-in-house director on September 21, 2017, and there is no registration of resignation, etc.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A. The Plaintiff asserts that he/she was in office as the Defendant’s intra-company director and joint representative director, and that he/she resigned around March 2018, and sought to implement the procedure for registration of resignation of inside directors and joint representative director.

B. Pursuant to the main sentence of Article 383(1) of the Commercial Act, a stock company shall have three or more directors (in the case of a defendant, the total amount of capital is at least one billion won, and there is no room to apply the exception under the proviso to the same paragraph). Even if the plaintiff resigned from the position of the defendant's internal director or joint representative director as alleged by him/her and loses his/her status, the number of the minimum number of directors under the main sentence of Article 383(1) of the Commercial Act cannot be determined. Thus, the director's rights and duties are imposed pursuant to

In such cases, the pertinent stock company cannot separately apply for the registration of retirement of retired director due to resignation before the resignation is held (see, e.g., Supreme Court en banc Order 2004Ma800, Mar. 8, 2005). Therefore, the Plaintiff who resigned from the Defendant’s position as a director has no interest in demanding the Defendant to implement the procedure for the registration of resignation against the Defendant.

Therefore, the instant lawsuit is unlawful as it has no benefit of lawsuit.

3. In conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.