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(영문) 부산지방법원 2015.02.04 2014가합40285
주주총회결의무효확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a juristic person established to run a housing construction business or a real estate rental business, and the Plaintiff was a stockholder who owns 40,000 shares of the Defendant Company with 40% of the shares of the Defendant Company, D and E with 30,000 shares of each 30% of the shares.

B. From 201, the Defendant promoted the new construction project of G apartment (hereinafter “new construction project of this case”) in the Daegu-si and 62 lots of land (hereinafter “the instant site”). On April 14, 2005, the new company (hereinafter “new construction project”) was selected as a contractor and entered into a contract for the new construction project. On July 25, 2005, the Korea Land Trust Co., Ltd. (hereinafter “ELI”) entrusted the entire project site of this case to the Korea Land Insurance Co., Ltd. (hereinafter “Korea Land Insurance Co., Ltd.”) and changed into the Korea Development Finance Co., Ltd. (hereinafter “Korea Development Finance Co., Ltd.”), the Korea Development Finance Co., Ltd., Ltd. (hereinafter “Korea Development Finance Co., Ltd.”), and the Korea Development Bank Co., Ltd. (hereinafter “Korea Land Co., Ltd.”) entered into a loan agreement with 90 billion won (hereinafter “the loan agreement”) at the highest interest rate of 100 million won (the Industrial Bank of Korea”).

C. The Plaintiff, D, and H (E appears to have taken over the shares of the Defendant’s shareholder) set the collateral limit of KRW 117 billion with respect to the instant loan agreement and set up a pledge on the sum of shares issued by the Defendant to the lender for KRW 100,000 (hereinafter “instant shares”) and granted the entire share certificates of the instant shares (hereinafter “instant share certificates”) to the lender.

On November 16, 2006, the Defendant commenced the new construction project of this case with the approval of the business from the office of the Daegu Metropolitan City Office, and the new date was delayed on June 13, 2007, and the new date was delayed, the new construction project of this case was the first public sale on November 29, 2007 at the request of the lender group.

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