주주총회결의를 다투는 소송의 소송물에 관한 고찰

A Study on the Subject-Matter in the Litigations Regarding the Resoultion of a General Shareholder’s Meeting

In investigating the subject-matter in the litigations regarding the resolution of a general shareholder’s meeting under the current Commercial Act, we should grasp the contents of the matter of the lawsuits based on the relevant provisions of the Act in view of the interest of the person who is entitled to institute an action and the securing of a legal stabilization. In the case of the litigation for revocation of a solution, restrictions are placed on the person has the authority to file a lawsuit and the period of instituting an action, etc. In needs to comprehend in respect to the contents of the claim of it that the litigation for confirmation of the nullity or non-existence of a resolution is a kind of lawsuits for confirmation. It is not desirable to understand that the subject-matter in the lawsuits about a resolution of general meeting of stockholders is single on the ground of diffuse boundaries of the causes of revocation, nullity and non-existence because it brings about unreasonable consequence which hurts the legal stabilization. When a plaintiff demands the ruling of revocation/confirmation of nullity or non-existence because his/her alleged facts constitute the grounds of revocation/nullity/non-existence, the courts of a lawsuit treat it as the litigation for revocation/confirmation of nullity or non-existence of a resolution an shall proceed a trial. If it has been proved that plaintiff’s facts correspond to the defects in a resolution of a different action types by the result of deliberation of the courts, they have to exercise the right to request elucidation and then provide the opportunity that the plaintiff shall alter his/her claims into the right kind of an action. That will make possible to prevent that plaintiffs have a disadvantage because of the obscurity of the flaws in resolutions.