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학술논문경영법률2012.04 발행

주주총회결의의 효력을 다투는 소송과 합병무효소송과의 관계

A Study on the Relations Between Lawsuit for the Effect of a Resolution of a General Shareholders' Meeting and Action for Nullification of Merger

장완규(용인송담대학교)

22권 3호, 133~154쪽

초록

The following juristic acts may arise on the basis of a resolution of a general shareholders' meeting. Besides, there are also litigation procedures contending about the defect in the following juristic acts. In this case, the main issue of this thesis is whether we should institute an lawsuit for the effect of a resolutions of a general shareholders' meeting, or an action for Nullification of Merger(Korean Commercial Code Article 529). In this paper, I deal with the study on Action for Nullification of Merger in all its aspects in relation to ⅰ) Action for Revocation of Resolution and ⅱ) Action for Affirming Nullity and Non-existence of Resolution respectively. Because the relations between two actions can be changed, depending on different legal character.

Abstract

The following juristic acts may arise on the basis of a resolution of a general shareholders' meeting. Besides, there are also litigation procedures contending about the defect in the following juristic acts. In this case, the main issue of this thesis is whether we should institute an lawsuit for the effect of a resolutions of a general shareholders' meeting, or an action for Nullification of Merger(Korean Commercial Code Article 529). In this paper, I deal with the study on Action for Nullification of Merger in all its aspects in relation to ⅰ) Action for Revocation of Resolution and ⅱ) Action for Affirming Nullity and Non-existence of Resolution respectively. Because the relations between two actions can be changed, depending on different legal character.

발행기관:
한국경영법률학회
DOI:
http://dx.doi.org/
분류:
법학

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주주총회결의의 효력을 다투는 소송과 합병무효소송과의 관계 | 경영법률 2012 | AskLaw | 애스크로 AI