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(영문) 서울고등법원 2014.12.19 2014나47995
주주총회결의무효확인 등
Text

1. Revocation of a judgment of the first instance;

2. Of the resolution of the general meeting of shareholders of the Defendant Company on March 30, 201, “i, E, F, G, H, I, J, K, and L.

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 a part of the partitioned building in D and has three shares out of the shares issued by the defendant company (total 19,920 shares).

B. On March 30, 2011, the Defendant passed a resolution of the board of directors on March 9, 201 to hold a 20th regular general meeting of shareholders. Around that time, the Defendant issued a notice of convening a meeting and a notice of convening a meeting to shareholders. The agenda items included in the agenda items at the time are as follows (hereinafter referred to as “the agenda item”).

1. The case of approving the disposal of balance sheets, income statements, and earned surplus on 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. Cases related to the promotion of redevelopment 2) The Defendant’s regular shareholders’ meeting at March 30, 201 (hereinafter “third shareholders’ meeting at issue”) at March 30, 201.

of 1,347 shareholders, 550 (including delegations) among the shareholders of 1,347

(ii) the attendance (the total number of shares shall be 9,639 shares);

(A) Article 1 of the above agenda item: Item 3 Item E, F, G, H, I, J, K, L, and M respectively. The resolution of the agenda item 1 of the above agenda item is as follows: Item 3 Item E: Item 6 Item E, F, H, H, H, K, L, and M, to the extent of the defendant's profit from the lease of warehouse, which is annual KRW 25,400,000,000,000,000 for the current net loss during the 20th period (from January 1, 2010 to December 31, 2010).

C. The parts related to this case in the defendant's articles of incorporation are as follows.

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

The same shall not apply if the consent of all shareholders is given.

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