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(영문) 의정부지방법원고양지원 2016.06.24 2016가합70072
임시주주총회결의부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C (in succession to D, E, and C; hereinafter “the deceased”) which was the Defendant’s representative director and one shareholder, died on May 2, 2015.

The heir’s percentage of statutory inheritance by inheritance is F5/15 Plaintiff 1/15 H 1/15 H 1/15 I/15 1/15 J 1/15 K 1/15 3/15 M 3/15 N2/15

B. The deceased’s legal heir (including inheritance on behalf of the deceased, hereinafter the same shall apply) has the wife and N, who is the wife and children of the deceased who died before the deceased’s death, and the wife, H, I, J, K, and K who died before the deceased’s death, and their legal share of inheritance are as listed in the following table:

C. At the time of the deceased’s death, the deceased’s total amount of KRW 1.64 billion is the real estate owned by the deceased, the total amount of KRW 45 billion deposit claims worth KRW 5.05 billion, and the Defendant’s shares listed in the attached Table 2 (general share amount of KRW 10,000, KRW 5,000 per share; hereinafter “instant co-ownership shares”).

On September 2, 2015, F, M, and N, a part of the deceased’s co-inheritors, made a resolution that “the majority of the co-inheritors of the instant shares shall be designated as M as a shareholder who holds the exercise of the shareholders’ rights of the instant co-ownership shares, an inherited property,” and notified the Defendant of the resolution on designation of the exercise of the shareholders’ rights of the instant co-inheritors on September 7, 2015.

E. On October 13, 2015, M requested the Defendant to convene an extraordinary general meeting of shareholders under Article 366 of the Commercial Act to deliberate on each of the items listed in the separate list 1 as the exercise of shareholders’ rights of the instant co-owned shares.

The share of 66.6% (6,66,66 share) out of the shares of the co-inheritors in the case of all the items listed in the separate sheet 1 among co-inheritors of the deceased at the temporary general meeting of shareholders of the defendant company dated November 17, 2015, when M, who is a shareholder's right holder of the shares of the instant case, among co-inheritors of the deceased, was present at the meeting of F (O), M and N, is the dissenting opinion.

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