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(영문) 서울중앙지방법원 2016.08.25 2015가합535140
주주총회결의 부존재확인 등의 소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company established on February 21, 1978 for the main purpose of real estate rental business, and the plaintiff is the head of C who is the defendant's founder.

B. On October 16, 1989, on November 16, 1989, the Defendant’s shareholder and his shareholder, and the list of shareholder changes, on May 16, 1990, F 7,500 shares E 7,500 shares on December 17, 2006, 4,500 shares, 7,500 shares G 7,500 shares 4,500 shares, 1,500 shares 4,500 shares H 3,00 shares 9,00 shares, 24,72,72,000 shares, 400 shares, 40 shares transfer from each of the Defendant’s 0,00 shares acquisition from the Plaintiff’s 6,50 shares, 3,00 shares acquisition from the Plaintiff’s 6,500 shares acquisition from the Plaintiff’s 0,500 shares acquisition from the Plaintiff’s 60,500 shares acquisition from each of 00 shares.

C. (1) On November 18, 2014, C notified the Plaintiff and the next South-North I to the effect that the title trust of the Defendant’s shares is terminated, and on December 24, 2014, C completed the transfer of ownership in the Defendant’s name as to the whole shares. (2) On April 6, 2015, C held a temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) with the Defendant’s single shareholder on April 6, 2015. On November 24, 2014, C and C were appointed as a new internal director, and C and K were appointed as a new internal director after the expiration of the term of office on November 24, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 3, 4, 32, 33, 34, 42 through 48, and 57 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Defendant’s shares 49,500 shares (which correspond to 55% of the Defendant’s total shares; hereinafter “instant shares”) held by the Plaintiff are C.

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