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(영문) 서울중앙지방법원 2011.11.10 2010가합76974
주권반환 등
Text

1. Of the instant lawsuit, the part demanding confirmation of shareholder status and the part demanding confirmation of confirmation of the issuance of new shares.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff owned shares issued by Defendant H (hereinafter “Defendant Company”). Defendant D is a person who held office as the representative director of the Plaintiff. Defendant E is a person who held office as the Plaintiff’s auditor, Defendant F’s children, and Defendant G’s wife.

The defendant company is a company established for the purpose of real estate rental business.

B. The Plaintiff’s share transfer 1) around December 2009, around 94,600 shares issued by the Defendant Company (the total shares issued by the Defendant Company at that time were 110,000 shares, and the shares owned by the Plaintiff constitute 86% out of them.

The Defendant Company’s shares owned by the Plaintiff are “instant shares”.

(2) On December 6, 2009, the general meeting of shareholders and the board of directors held each of the shareholders and the board of directors on December 6, 2009, a resolution was made to delegate all the powers of the Plaintiff regarding the disposal of the Plaintiff’s assets, including the instant shares, to Defendant D, who had been employed as the representative director at the time of the general meeting of shareholders and the board of directors.

(3) According to the resolution of the board of directors of the instant general meeting of shareholders, Defendant D transferred 3,300 shares of the instant shares to Defendant E, 26,400 shares to Defendant F, and 26,40 shares to Defendant G, respectively (hereinafter “instant shares transfer”).

C. The Defendant Company issued new shares on February 18, 2010 and allocated shares to Defendant D, E, F, and G, each of which was recorded as shareholders in the shareholder registry at the time of the issuance of new shares (hereinafter “instant issuance of new shares”).

As a result, the total shares issued by the Defendant Company were 170,000 shares. [Grounds for recognition] The fact that there is no dispute, and Gap evidence 1 to 4 (including each number.

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