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【Main Issue and Holding】
When minority shareholders apply to the court for permission to convene an extraordinary general meeting of shareholders in accordance with Article 366 of the Commercial Act, whether any matter requiring resolution not falling within the scope of the powers of the general meeting of shareholders may be deemed an agenda for the general meeting of shareholders (negative)
Where “appointment or dismissal of the representative director” was stated as an agenda for the general meeting of shareholders in a written request for the convocation of an extraordinary general meeting of shareholders submitted by minority shareholders, but the reason for the convocation of the meeting was stated to the effect of requesting “dismissal of the existing representative director” and “appointment of a successor to the existing representative director,” and “dismissal of the representative director” is not stipulated as any matter to be determined by a resolution at the general meetings of shareholders in the articles of incorporation of the company, any measure that should be taken by the court
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