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(영문) 서울중앙지방법원 2016.05.13 2015가합551968

주주확인등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Establishment of Defendant B and capital increase increase for new shares

(2) On June 17, 1998, Defendant C Co., Ltd. (hereinafter “Defendant C”), the subsidiary company of H Group I, the major shareholder of H Group I, was the representative director of Defendant B, and C Co., Ltd. (hereinafter “Defendant C”), the subsidiary company of H Group I, the affiliated company of H Group I, the major shareholder of which was the H Group I, had been holding the auction procedure for the above golf club site. On April 21, 2000, the Defendant C Co., Ltd (hereinafter “Co.”), the subsidiary company of Defendant B established on Apr. 21, 200, mutually changed the name “C Co., Ltd.,” and “C Co., Ltd.”), the former company’s subsidiaries of Defendant C Co., Ltd. (hereinafter “Defendant C”) participated in the above auction procedure and was awarded the bid price of the above golf club in full on Apr. 16, 200, and changed the name “the price of the above golf club to KRW 12.5 million.”

3) Defendant C’s offering of new shares was promoted through Defendant C with a view to raising necessary funds in the process of winning the instant golf course through Defendant C. (4) Defendant C intended to increase its capital from KRW 100 to KRW 5,333,30,000. As of June 5, 200, Defendant C issued 523,333 shares of KRW 10,00 in face value (a total face value of KRW 5,233,30,000; hereinafter “new shares”). Accordingly, the total number of shares issued by Defendant C was 533,333 shares. At the time of capital increase, Defendant B’s share shares were 196,00 shares, N, a foreign investor, 160,000 shares, 133,333 shares,44,00 shares, and 400 shares owned by the Plaintiff.

B. Defendant C, who denied the Plaintiff’s shareholder status, was decided to commence rehabilitation procedures on April 26, 2013 by Seoul Central District Court 2013 Ma67, but the rehabilitation procedures was abolished on December 5, 2013.

After March 28, 2014, Defendant C is re-established as Seoul Central District Court 2013 Ma284.