If an action to enforce liability has been filed, and the plaintiff and the defendant, in conspiracy, caused the court to render a judgment for the purpose of prejudicing the rights of the stock company, etc., which are the subject-matter of the suit relating to the action to enforce liability, the person set forth in the following items may enter an appeal against the final judgment that became final and binding concerning the action prescribed in those items, by filing an action for a retrial:
a shareholder or stock company, etc.:an action to enforce liability;
a qualified former shareholder:an action to enforce liability (limited to a liability or obligation for which the fact causing them occurred by the time when the acts set forth in the items of Article 847-2, paragraph (1) became effective); and
適格旧株主 責任追及等の訴え（第八百四十七条の二第一項各号に掲げる行為の効力が生じた時までにその原因となった事実が生じた責任又は義務に係るものに限る。）
a shareholder of an ultimate, wholly owning parent company, etc.:an action to enforce specific liability.
The provisions of the preceding Article apply mutatis mutandis to the appeal for a retrial referred to in the preceding paragraph.
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action to enforce liability
「責任追及等の訴え」
A lawsuit to enforce the liability of a stock company's incorporators, officers, etc. or liquidators, or to recover certain payments owed to the company, which a shareholder may demand the company bring and may bring on its behalf if it does not.
Short name set inArticle 847, paragraph (1)· applies only in this section
qualified former shareholdermachine translation
「適格旧株主」
A former shareholder (旧株主) who is entitled, under the main clause of Article 847-2, paragraph (1) or (3), to demand that a wholly owned subsidiary company resulting from the share exchange, etc. (株式交換等完全子会社) file an action to enforce the liability of its officers and others.
Defined inArticle 847-2, paragraph (9)· applies only in this section
ultimate, wholly owning parent company, etc.machine translation
「最終完全親会社等」
The company at the top of a chain of full ownership over a stock company: a wholly owning parent company, etc. of that stock company that itself has no wholly owning parent company, etc. (Article 847-3, paragraph (1)).
Defined inArticle 847-3, paragraph (1)· applies only in this section
action to enforce specific liability
「特定責任追及の訴え」
A lawsuit to enforce specific liability against those running a subsidiary company, which shareholders holding at least one hundredth of the votes or shares of its ultimate, wholly owning parent company, etc. may demand that the subsidiary bring.
Short name set inArticle 847-3, paragraph (1)· applies only in this section
stock company, etc.
「株式会社等」
The stock company, or wholly owned subsidiary company resulting from the share exchange, etc., on whose behalf an action to enforce the liability of its officers is brought.
Short name set inArticle 848, paragraph (1)· applies only in this section