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Reasons
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(영문) 서울남부지방법원 2012.09.14 2011가합9656
주주총회결의무효확인 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company established to manage more than 3,750 stores, etc. located in Geumcheon-gu Seoul Metropolitan Government, and the plaintiff is the owner of some partitioned buildings in the above D and has three shares out of the total number of shares issued by the defendant 19,920 shares.

B. Holding of the general meeting of this case

1. Cases of approval of the balance sheet, income statement, and statement of disposal of earned surplus at the 20th period (from January 1, 2010 to December 31, 2010);

2. The case of approval of budget for the year 2011.

3. Appointing directors;

4. Approval on the limit of directors’ remuneration; and

5. Approval of the limit on audit fees; and

6. On March 9, 2011, the Defendant passed a resolution of the board of directors to hold a regular general meeting of shareholders on March 20, 201. Around that time, the Defendant issued a notice of convening and a notice of convening a meeting to shareholders, and the agenda items among the agenda items for the meeting are as follows (hereinafter referred to as “first agenda, etc.”).

(2) On March 30, 2011, the Defendant held the 20th regular shareholders’ meeting (hereinafter “instant general shareholders’ meeting”). Of the total number of shareholders of the Defendant 1,347, 50 (including delegation) from among the total number of shareholders of the Defendant was 1,347 and all of the 1 through 6 bills were resolved. The Defendant’s directors E, F, G, H, I, K, K, L, and M were appointed as the Defendant’s directors in relation to the 3 agenda.

3) Meanwhile, F, the Defendant’s representative director, exercised voting rights on the total of 6,144 shares of 13 shares and 6,131 shares exercised by proxy with delegation from other shareholders at the general meeting of shareholders of this case. C. The part relating to this case in the Defendant’s articles of incorporation is as follows.

1. Market management business;

2. Profit-making business operating public facilities;

3. Article 15 (Convocation of General Meeting of Shareholders) (2) No resolution shall be made other than the agenda for a meeting which has been notified to shareholders in advance.

However, if all shareholders consent, this shall not apply.

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