임시주주총회결의 무효확인 등 청구의 소
1. The plaintiff's appeal is dismissed.
2. The plaintiff's preliminary claim part added by this court.
1. Basic facts
A. The defendant, D and E (hereinafter collectively referred to as the "third company of this case") are the company established around October 2009 by 83 persons eligible for the supply of the land for a living site in kind in order to newly construct and sell three commercial buildings in commercial areas supplied as a living countermeasure site for the original residents in accordance with the F Housing Site Development Project. The location of the defendant's head office is the H head office of the building in the Kansi-si area GG, and the total number of issued stocks is 881 shares.
The plaintiff is a person who has held seven shares of the defendant.
B. Upon the completion of the said sale business, the Defendant held a regular general meeting of shareholders on March 31, 2017 and resolved that “The Defendant dissolves the Defendant, appoints an I, J, K, and the first instance joint Plaintiff A (hereinafter “A”) as a liquidator, and adopts the method of acquiring its own stocks by means of liquidation.”
Accordingly, the Defendant purchased 7 shares from the Plaintiff during the period from April 1, 2017 to September 30, 2017, which is the scheduled period for acquiring shares, and acquired 3,068,775 won (hereinafter “acquisition of the instant treasury shares”) per share (5,337,00 won x 57.5% of the Defendant’s internal share share ratio) from all the other shareholders except for the said liquidators, as well as from purchasing 7 shares from the Plaintiff during the period from April 1, 2017 to September 30, 2017.
C. On June 1, 2018, the Defendant held a temporary general meeting and passed a resolution to dismiss A from a liquidator (hereinafter “instant resolution”).
[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 9 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1, 3, 4, 7, and 15, and the purport of the whole pleadings
2. Determination on this safety defense
A. As to the lawsuit in this case, the defendant's defense of this case's invalidity, confirmation of the absence of the resolution in this case's preliminaryly, and the second preliminaryly seeking revocation of the resolution in this case's lawsuit, the defendant is not in the status of the defendant's shareholder.