이사회결의 부존재확인
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a company established to manage more than 3,700 stores, etc. of Geumcheon-gu Seoul, Geumcheon-gu, Seoul. The shareholders of the defendant are sectional owners of the above store.
The Plaintiff is a shareholder who acquired one share of the Defendant on November 27, 2014, and the Plaintiff’s ASEAN is a shareholder who acquired 14 share of the Defendant on November 3, 2014.
B. Article 366(2) and Article 366 of the Commercial Act (Demand for Convocation by Minor Shareholders) (1) A shareholder who holds shares representing no less than 3/100 of the total issued and outstanding shares may file a written or electronic document with the board of directors, stating the purpose of the meeting and reasons for convening the general meeting.
(2) If a general meeting is not convened without delay after a request under paragraph (1) is made, the shareholder who has demanded it may convene the general meeting with the permission of the court.
In such cases, the chairperson of the general meeting of shareholders may appoint a court upon the request of an interested person or ex officio.
On July 4, 2007, this Court dismissed directors H, I, C, and the J of Auditor, respectively, and applied for the issuance of a temporary general meeting of shareholders, the purpose of which is to appoint directors and auditors. On November 6, 2007, this Court ordered the Defendant to convene a temporary general meeting of shareholders, the purpose of which is to appoint one new directors, and decided to dismiss the rest of the application.
B) The Defendant held a temporary general meeting on December 6, 2007 according to the above decision to permit the above convocation. The Defendant passed a resolution to appoint eight directors, including K, L, M, N,O, P, G, Q, etc., contrary to the purport of the above decision to permit the convocation (hereinafter “instant general meeting of shareholders”).
(2) On December 31, 2007, the Defendant of the board of directors on December 31, 2007 held a board of directors (hereinafter “board of directors”) on December 31, 2007 and presented the following agenda items. The above agenda items are directors K, M,O, G, and directors.