지배주주 변경 불승인처분 무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On December 30, 201, the Defendant: (a) designated the Plaintiff as a wholesale market corporation at the instant market (hereinafter “instant designation disposition”) for five years from January 1, 201 to December 31, 201 pursuant to Article 23 of the Agricultural and Fishery Products Distribution Act, which is the central wholesale market under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products”); (b) imposed the following designation conditions (hereinafter “instant designation conditions”).
[Conditions for the designation of the wholesale market corporation] The wholesale market corporation of this case shall comply with the following matters prescribed by the opener, as well as the relevant Acts and subordinate statutes, such as the Agricultural and Fishery Products Distribution Act and the Enforcement Decree, the Enforcement Rule, the Seoul Metropolitan Government Ordinance
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5. Where it is intended to modify a controlling shareholder (including the largest shareholder, majority shareholder, and majority shareholder of a corporation, if the largest shareholder is a corporation), he/she shall obtain prior approval from the founder, and where he/she intends to amend the articles of incorporation, he/she shall report in advance 20 days prior thereto;
B Co., Ltd. holding 324,276 shares of the Plaintiff at the time of 500,000 shares, and D, which held C,50,000 shares of C,50 shares of 125,00 shares, (hereinafter referred to as “former shareholder of the instant case”), concluded a contract for acquisition of shares with a limited company on March 24, 2015 (hereinafter referred to as “new shares”) to transfer all shares of the former shareholder of the instant case to the new shares of the instant case.
(hereinafter referred to as “instant share acquisition agreement.” On March 24, 2015, the Plaintiff deemed that the Plaintiff’s controlling shareholder would be changed as of March 31, 2015 according to the implementation of the instant share acquisition agreement to the Defendant, and applied for approval of the change of controlling shareholder.