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(영문) 서울중앙지방법원 2016.08.18 2014가합21972

주식양도수,대회협조전,원인무효및회복등기

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The plaintiff's claim for nullification of the share transfer contract against the defendants (attached Form 1 list).

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”)

) On December 16, 2002, the Plaintiff, J, K, and Defendant I were the promoters, and was established for the purpose of manufacturing and distributing rap of food packing materials. The 4 promoters set the total number of shares to be issued by the Defendant B as 40,000 shares, 5,000 shares per share, and the total number of shares to be issued at the time of incorporation of the company as 10,000 common shares, and the Plaintiff acquired 500 shares, J, 3,000 shares, K, 2,00 shares, and 3,00 shares, and the Plaintiff was the representative director at the time of incorporation of Defendant B (Evidence A-5). At the time of incorporation of Defendant B, the 4 promoters and L were appointed as directors, and the Plaintiff was appointed as the representative director.

(No. 5-2). (b)

On May 19, 2003, Defendant E, who is the Plaintiff’s right of management, had the Plaintiff resign from the representative director of Defendant B and registered Defendant F as the representative director. The minutes of the extraordinary general meeting of shareholders in the Plaintiff’s name to the effect that “the Plaintiff resigned from the office of representative director, and F was appointed as the representative director,” the resignation of the Plaintiff’s name to the effect that “the Plaintiff shall resign from the office of representative director and the representative director of Defendant B,” and the power of delegation in the Plaintiff’s name to the effect that “the Plaintiff shall delegate all acts, such as submitting an application for registration of change of Defendant B to the court” to the certified judicial scrivener M” was forged. The Plaintiff resigned from the representative director of Defendant B’s corporate register on May 20, 200, and on the same day, Defendant F was bound by the crime of forging private documents and the use of the investigation documents, and the judgment of the Seoul District Court on August 23, 2002, which became final and conclusive on March 26, 2003.