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(영문) 부산고등법원 2017.01.12 2016나52333

주주권 확인

Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff and Defendant B’s shareholder rights are shares listed in attached Table No. 1.

Reasons

1. According to the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 to 5, 12, 14, 25, 36, 37, and 40 (including each number), the following facts are acknowledged:

A. In around 2002, the Suwon-gu Busan Metropolitan City newly constructed a active fish board of the first underground floor and the second floor size of the second floor (including the basic construction that can extend the third floor thereafter) in 700 square meters including the land to be created through reclamation of public waters as compensation for fishing losses caused by the said construction, while performing the reclamation of public waters in the L port used by the L fishing village fraternity as a fishery harbor. At around 2002, the Suwon-gu Busan Metropolitan City was to provide L fishing village fraternity or its members to 197 fishing village fraternities.

B. On March 23, 2006, a person who is expected to receive compensation for loss (hereinafter “right holder”) constituted a promotion committee (hereinafter “promotion committee”) to efficiently deal with the issue of new construction or extension of the active fish board.

C. In the process of consultation on the new construction and extension of the active fish board, the committee of promotion was proposed to purchase from F the ownership of 201 among the active fish board, the right to extend from 3 to 7 stories above ground, and the right to a site from 2 to 7 stories above ground from 5.750 million won. On March 15, 2007, a general meeting of shareholders with respect to this, held a general meeting of shareholders, and agreed to the conclusion of a trade contract.

F In order to carry out the above active fish board extension project (hereinafter “instant extension project”), the F invested 100 million won in the name of the wife, together with J and the Plaintiff (the I used the name of the I. H) in the name of the wife, and established E on March 13, 2007, and thereafter, the Plaintiff, F and J invested 70 million won in each of the company’s operating expenses.

F owned 30,00 shares issued by E, each of 9,90 shares, and J 10,200 shares.

(No share certificate has been issued).