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(영문) 서울고등법원 2010.07.08 2009재나860

주주권확인 및 임시주주총회결의취소청구등

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1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The plaintiff in the judgment subject to a retrial filed a lawsuit against the defendant on June 23, 2009 by Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Court (the main claim as referred to in Paragraph (1) on April 23, 2003. The above court dismissed the main claim as well as the main claim as referred to in Paragraph (1) on April 23, 2003. The court accepted the implementation of the procedures for share transfer transfer and the claim for the confirmation of shareholders' rights as to 13,390 shares (the par value per share 5,00 shares) among the registered shares issued by the defendant and rendered a judgment dismissing the remainder of the claim as it became final and conclusive by the Supreme Court Decision 2004Da35958 on April 29, 200.

2. Determination on the legitimacy of the request for retrial of this case

A. The Plaintiff’s assertion is a major evidence that the Plaintiff rejected the Plaintiff’s assertion, and the Plaintiff appeared and taken an oath on April 21, 2004 as a witness on the third day for pleading of the case subject to review, which was subject to review, and (1) the written consent was duly prepared on May 28, 1996, and (2) the written agreement on the transfer of shares and inheritance rights was drafted on January 23, 1997, and (3) the F knew that he reported gift tax in relation to the written consent.

(No. 826 No. 826). P forges written consent, and the representative director F of the defendant's representative director in the above lawsuit in collusion with P and F, such as deceiving the court by submitting the forged written consent as evidence.