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(영문) 부산지방법원 2019.05.01 2017가합43254
청산인의 해임
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The position of the parties 1) Defendant E Co., Ltd. (formerly changed on June 2, 2008: F Co., Ltd.; hereinafter “Defendant Co., Ltd.”)

(2) On February 25, 1999, Plaintiff A was appointed as the representative director of Defendant Company on June 2, 2008, but was employed as a director on September 22, 2009, and Plaintiff B was appointed as a director of Defendant Company on June 5, 2008.

On the other hand, the defendant D was appointed as the representative director of the defendant company on September 22, 2009, but was appointed on November 19, 2015.

B. On July 8, 2005, the Defendant Company was deemed to have disposed of the property of the Defendant Company and to have been dissolved. The Defendant Company was G Co., Ltd. (hereinafter “G”).

(C) In order to secure the claim for construction cost against G, the first floor first floor of the five lots above H, Busan-gu, Busan-do, and five lots above (hereinafter “instant real property”).

in respect of the same year, the Government has entered into a promise to return the substitute

7. 11. As to the instant real estate, the provisional registration of transfer of ownership security (hereinafter “provisional registration of this case”) was completed in the name of the Defendant Company.

2) On June 15, 201, the Defendant Company entered into a contract for the transfer of the instant provisional registration with the J of KRW 250,000,000 out of KRW 4,195,00,000, and completed the transfer of the instant provisional registration on the following day. 3) Defendant Company was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion 1) as shareholders of the defendant company, among the total 50,000 shares issued by the defendant company, the plaintiffs A are 24,50 shares (49%), the plaintiffs B are 15,00 shares (30%), and the plaintiffs C are 10,50 shares (21%). The defendant D disposed of the provisional registration of this case, which is the only important property of the defendant company, to the J without a resolution of the general meeting of shareholders.

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