beta
(영문) 서울중앙지방법원 2015.08.27 2014가단5264432

주주권확인등

Text

1. The plaintiff's lawsuit of confirmation against defendant C is dismissed.

2. The Plaintiff and Defendant B Co., Ltd.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd. (hereinafter “C”)

On June 25, 1993, as a company established for the purpose of real estate investment and consulting business, the number of shares issued is 10,000 common shares (one share 5,000 won per share). 2) On the shareholder registry around early 2004, the shares issued by Defendant C were registered as 50 shares, E, the spouse of D, 3,50 shares, G 1,400 shares, H 1,40 shares, 1,400 shares, and 150 shares, but D actually owned 70 percent of the shares of the said company and operated the said company as its representative director.

B. Around May 2004, Defendant C’s acquisition 1) around the beginning of 2004, D, J, and K found a company to acquire an existing company with at least five years of establishment and to jointly carry out real estate investment projects. However, in light of the fact that a company with at least five years of establishment and whose internal management status is not clearly known, as a result of the acquisition, there is a risk arising from contingent obligations confirmed after the acquisition, the Defendant C, which was operated by D, was to acquire the business and finally agreed to establish each stock company to acquire the shares of Defendant C in its name. 2) Accordingly, D established the Plaintiff (established on May 11, 2004) and J established the Defendant B Co., Ltd (hereinafter “B”), and K established L Co., Ltd (hereinafter “Establishment”) and L Co., Ltd. (hereinafter “L”).

3) The shares issued by Defendant C are issued on May 28, 2004, cBRE Korea Co., Ltd. (hereinafter “CBRE”) designated by the said newly established corporation and L, on or around May 28, 2004.

(4) At the time of May 28, 2004, the Plaintiff’s shareholder registry entered into a contract between Defendant B, Plaintiff L, J, D, and K with the following content: (a) around 2006, L acquired the above shares of Defendant C with L 3,00 shares; (b) around 2,000 shares of L 1,00 shares; and (c) around 2,000 shares of CBRE; and (d) as of May 28, 2004, L was changed to own shares of Defendant C.