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(영문) 대전지방법원 2017.04.12 2016가합100588
지분권확인 등
Text

1. The Defendant’s capital increase of KRW 600,000,000 in its general meeting of partners on October 17, 2013, in total to KRW 1,100,000.

Reasons

1. Basic facts

A. The relationship between the parties 1) The defendant is a company aimed at housing construction business, etc., and the plaintiff A was appointed as the representative director of the defendant on April 5, 201. The plaintiffs and G are all members of the defendant's share (Plaintiff A: 45,00,000 shares, Plaintiff B: 15,000 shares, Plaintiff C: 10,000 shares, and 30,00 shares). 2) The H Co., Ltd. (hereinafter "H") is a company for housing construction business, etc., and the I Co., Ltd (hereinafter "I") is a company for housing construction business, etc., and J is a person who actually operates each of the above companies.

K is a person who assumed office as the representative director of H on September 27, 201, and F is a son of J, and E was a person who held office as the representative director of H from September 5, 2005 to August 24, 2007, and from November 28, 201 to October 26, 2012.

B. Ha entered into an agreement on the transfer of the right to implement the new apartment construction project (hereinafter “instant apartment”) is a M apartment (hereinafter “instant apartment”) on the ground of the area of 1,330 square meters on the land in Jung-gu, Daejeon.

During the new construction of B, the construction was suspended due to the bankruptcy, and the Defendant purchased the land at the voluntary auction procedure that commenced around 2011.

Agreement

3. B (referring to the defendant; hereinafter the same shall apply) shall not change any shareholder or officer without permission of A (referring to K and E; hereinafter the same shall apply) while the contents of this agreement are implemented;

6.Subject to the receipt by transfer of enforcement rights and above shares, Eul shall be paid to Gap a total of KRW 1150,000,000,000,000 as follows:

300 million won on the date of preparation of the agreement;

(b) 200 million won by March 31, 2012:

C. 650 million won is within 12 months prior to the completion of the instant apartment construction or after the implementation of paragraph 2 (based on the time of arrival of the two periods). Eul shall pay the money referred to in paragraph 1, 2, and 3 to the person designated by Gap or Gap, or to the astronomical Counseling Office.

8.As a result of acquiring the right to enforce this Agreement, only one of the above Agreements.

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