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(영문) 대전지방법원 2015.02.05 2013가단47375

사원권확인

Text

1. It is confirmed that the Plaintiff has the right to share 5,00 shares of the total number of equity shares E of the non-party limited liability company E.

3...

Reasons

1. Facts of recognition;

A. A. Around January 17, 1991, the Plaintiff entered into a land sales contract with Nonparty F and G to purchase a total number of 300 units of equity (10,000 units of equity investment 10,000 won) from Nonparty E (hereinafter “Nonindicted Company”). On the same day, G entered into a land sales contract with the Plaintiff to purchase a total number of 300 units of equity (10,000 units of equity investment 10,000 won) from Nonparty F and G to purchase a total of 532 square meters of H-gun, Chungcheongnam-gun, Chungcheongnamcheon-gun, the company purchased for the non-party company before that day (the size became 512 square meters of equity due to the division, and the land category was changed to the site; hereinafter “instant factory site”). Around February 20, 191, the Plaintiff paid the price in full.

Then, on April 15, 1991, the total number of equity shares of the non-party company was changed to 50 million won (total amount of 50 million won).

The Plaintiff operated several liquor companies around that time, and it was difficult to hold the shares of the non-party company in its name, thereby making the shares of the non-party company in the name of Defendant B and Defendant C, which is its wife, and held 3,500 shares of the non-party company under the name of Defendant B and 1,500 shares in the non-party company under the name of Defendant C, thereby holding each share of the non-party company under the name of Defendant C.

C. On February 20, 1991, the Plaintiff retired from office as a director of the non-party company Eul on February 20, 1992 with I and F who had been a director from February 20, 192. On June 17, 1993, Defendant B, a director, and Defendant B were appointed as a representative director. Defendant B resigned from the representative director on December 23, 1994, and Defendant C was appointed as the representative director on the same day.

On the other hand, the plaintiff completed the registration of transfer of ownership under the name of the defendant B on May 23, 1991, but completed the registration of transfer on May 27, 1995. On July 31, 1991, the plaintiff constructed the second floor building on the site of this case and completed the registration of transfer of ownership under the name of the defendant B, and transferred the head office of the non-party company to this place on August 2, 1991. < Amended by Presidential Decree No. 14357, May 27, 1995>