주주지위확인등
1. The shares listed in the attached Form C, which are transferred to the name of Defendant C as of November 28, 2014 by Defendant C.
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that is promoting the new construction project of Gangdong-gu Seoul Metropolitan Government D (hereinafter “this project”) with the main purpose of real estate development, sale, lease, etc., and Defendant B is a person who was working as a director or joint representative director of the Defendant Co., Ltd from December 18, 2012 and is working as the sole representative director of the Defendant Co., Ltd from January 16, 2014.
B. While Defendant B and Nonparty E have endeavored to acquire this project by acquiring the shares of Defendant Company held by the F Co., Ltd., Defendant B and Nonparty E, who became aware of the Plaintiff and agreed to obtain a loan from a financial institution as collateral and received a total of KRW 2.85 billion from the financial institution.
(A) No. 2-1, c.
The non-party E agreed to transfer 20% of the shares issued by the Defendant Company and the right to manage the shares of the Defendant Company to the Plaintiff or to the person designated by the Plaintiff in consideration of the Plaintiff’s investment for the project at the same time as the Plaintiff and the Defendant Company’s shares are secured.
Accordingly, on December 4, 2012, the KG entered into a contract for acquisition of stocks and management rights (hereinafter “instant stock and management acquisition agreement”) between the Plaintiff and the Defendant Company, which was acquired from the FF to the KF to acquire 2,000 shares from the 3,300 shares of the Defendant Company, to acquire KRW 600 million in price, and the said 2,00 shares were transferred in the future of the Plaintiff.
(Evidence A, Nos. 3, 4).
On the other hand, the Plaintiff was appointed as the representative director of H Co., Ltd. (hereinafter referred to as “H”) which Defendant B substantially controlled. On December 5, 2012, between Defendant B and H, a letter of undertaking as described below (hereinafter “instant letter of undertaking”) was prepared.
(A) No. 2-1) Written undertaking (hereinafter collectively referred to as Defendant B and H) shall set forth 33% of the shares of the Defendant Company, a operating company for the Project, in the F.S. Agreement, at least one billion won.