회사관련 소송의 가처분절차

Abstract

Resolutions remain in effect until the ruling is finalized in a lawsuit that invalidates a shareholders’ meeting resolution. However, plaintiffs who deny the validity of a resolution do not have to wait for a ruling. In other words, it can not deny the effect of a resolution, but it has the means to block the proceeding based on resolution. That is a Provisional Disposition related to the general shareholders’ meeting. Especially, a Provisional disposition system in company is often used as a tool of struggle for management rights or acquiring company from the outside. The disposition system is largely divided into dispositions and the dispositions to determine the provisional status of disputes. The disposition of the object of the dispute is intended to preserve future enforcement of the subject matter of the subject matter litigation itself. On the other hand, the provisional provision for the provisional status is to prevent the harm caused by the irreversible damage to the creditor in the meantime if the dispute is waited until the final determination of the ruling is reached. However, once the disposition related to the general meeting of shareholders is established, the effect is so great that it results in a decisive blow to one party. Therefore, when handling the case, it is necessary to take careful consideration in consideration of such circumstances. There is a problem that the corporation disposition is like the main case litigation. In other words, it becomes a normal remedy for the legal action in lieu of the original case of a provisional characteristic for the preservation of disputed legal relations. As a further problem, the disposition procedure is possible for several types of dispositions, depending on the requirements: i) the right to protection and ii) the need for preservation. The Civil Execution Act stipulates provisional provision (Article 300) and provisional provision (Article 2) on the object of the dispute. Accordingly, the Court delegates to the discretion of the court to decide what kind of content (Article 305 (1)). Therefore, it is a question of whether various types of dispositions can be allowed regarding shareholders’ meeting resolutions to preserve the present risk.