1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion is the shareholder holding 8,383 shares of defendant B corporation (hereinafter "the defendant B"), among the total shares of 47,970 shares, and the contract that the defendant B agreed to transfer 32 buses to the defendant C corporation (hereinafter "the defendant C") as stated in the separate list (hereinafter "the transfer contract of this case") was not subject to the special resolution of the general meeting of shareholders under Articles 374 and 434 of the Commercial Act because it constitutes a transfer of all or part of defendant B's business, and it was not subject to the disposition of important assets which require the resolution of the board of directors under Article 393 (1) of the Commercial Act. The plaintiff asserted that the defendant's assertion is invalid because it is not subject to the approval of the board of directors because it falls under the self-trade under Article 398 of the Commercial Act and is not subject to the approval of the board of directors.

2. Determination

A. The shareholder of a stock company shall be deemed to have an interest in the management of the company as the owner of the company. However, the company's property relation shall not be deemed to have a substantial, economic, general or abstract interest only with respect to the company's property relation, and shall not be deemed to have a specific or legal interest. Since the company's business can only affect the company's business through a resolution of the general meeting of shareholders or through the shareholder's right of supervision without directly participating in the management of the company, the shareholder can only exercise the right to maintain the director's act against the director in accordance with certain requirements and file a lawsuit to enforce the company's liability by exercising the right to maintain the director

(see Supreme Court Order 200Ma7839, Feb. 28, 2001). In light of these legal principles, the Plaintiff, as a shareholder of Defendant B, is de facto, economic, general, and abstract with respect to the property relationship of Defendant B.