사원권 양도양수계약 무효확인 등 청구
1. All of the ancillary claims in the instant lawsuit shall be dismissed.
2. The plaintiff's primary claim is dismissed.
1. Basic facts
A. The Plaintiff is an affiliated company of the so-called G group, which mainly engages in construction business, such as E (hereinafter “E”), and F (hereinafter “F), and is engaged in real estate sale and lease business, housing construction, supply, and sale. On June 8, 1995, the Plaintiff constructed a D complex comprised of 7 buildings and apartment buildings, 7 buildings, and 1 Dongs, and established a “C” as a joint venture for the said complex business, and 60% of its shares (hereinafter “instant membership rights”) owned the remainder 40%, respectively.
B. Officers of E, such as the president of the Group I, etc., were indicted as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and each conviction (Seoul District Court Decision 2008Da832 delivered on February 4, 2009 and Supreme Court Decision 2009No82 delivered on December 17, 2009) and the judgment became final and conclusive on the following grounds: (a) the executives of E, who were indicted as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Seoul District Court Decision 2008Da5832 delivered on December 17, 2009), committed a false recruitment of buyers from June 2008 to September 2008, by obtaining a loan from a financial institution in excess of 20 billion won from a financial institution
C. On January 23, 2009, E, F, J Co., Ltd. (hereinafter “J”) and K Co., Ltd. (hereinafter “K”) among affiliates of the Group filed an application for commencing a rehabilitation procedure with the Changwon District Court. Of that, on February 19, 2009, the company rehabilitation procedure was initiated with the Changwon District Court Nos. 2009hap9 and 10 as to F and E, and I was appointed as the manager, and E was merged with F in accordance with the above court’s rehabilitation authorization plan on March 4, 2010.
M was appointed as the representative director of the Plaintiff on February 18, 2009, and I’s children were listed as the Plaintiff’s auditor, and N was working as the G Group and the Plaintiff’s head of the management planning team at the time.
At that time, executives and employees of G Group seem to have been concurrently engaged in business between affiliates).
F. The F.I.D.