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Case Number of the immediately preceding lawsuit
Seoul Central District Court 2009Kadan16887 ( December 29, 2011)
Title
(as in the judgment of the court of first instance) The appointment of a representative made with a lack of a notice of convening a law or exclusion from the opportunity to participate by all members shall be null and void.
Summary
A resolution of an extraordinary general meeting is null and void because the resolution of an extraordinary general meeting scheduled at the time of the convocation is a resolution that is held without a legitimate convocation notice or is adopted without a de facto exclusion from the opportunity to participate in the resolution of a Class-II general meeting. As such, the above lawsuit is brought by a person without the power of representation, and the defendant'
Related statutes
Article 45 of the National Tax Collection Act
Cases
2012Na7419 Implementation of procedures for cancellation of ownership transfer registration, cancellation of ownership registration, etc.
Plaintiff
JJJJJJJS Haak-Jaking Round-Jaking Council
Defendant
Republic of Korea and 133 others
Conclusion of Pleadings
November 12, 2015
Imposition of Judgment
on October 07, 2016
Text
1. The plaintiff's appeal is dismissed
2. The application for correction of Y, and op respective party indications is dismissed;
3. The costs of appeal shall be borne by EA as the representative of the Plaintiff, and the costs of appeal due to the correction of identification of the respective parties to EY and ES shall be borne by EY and ES, respectively.
Purport of claim and appeal
The judgment of the first instance shall be revoked. It shall seek a judgment identical to the entries in the claim in the attached Form.
Reasons
A resolution of an extraordinary general meeting is null and void because the resolution of an extraordinary general meeting scheduled at the time of the notice of convocation is a resolution adopted without a legitimate notice to exclude the members who are either the general meeting or the opposing members from the opportunity to participate in the resolution. Thus, the above lawsuit is brought by a person without the power of representation, and the defendant's assertion that the