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(영문) 수원지방법원성남지원 2020.06.19 2019가합400946
주주권확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The summary of the Plaintiff’s assertion is one shareholder of the instant company, who acquired all rights, including the instant company’s shares, from the Defendants, invested personal funds from 2012 to 2019 and operated them.

The Defendants, even though they did not have any right to the instant company, require the convocation of a general meeting of shareholders to dismiss the Plaintiff from the representative director of the instant company.

Therefore, the Plaintiff seeks confirmation that the Plaintiff is a shareholder of the instant company in order to eliminate the Plaintiff’s rights or legal status’s uncertainty and danger.

2. In full view of the description of evidence No. 6 and the purport of the entire pleadings by the Plaintiff, the Plaintiff, on the shareholder registry of the instant company as of February 22, 2012, indicated that the Plaintiff owned all 100,000 shares, all of the issued shares of the instant company, and the fact that the Plaintiff was appointed as the representative director of the instant company on February 22, 2012 is recognized.

However, comprehensively taking account of the overall purport of the statements and arguments in Eul evidence Nos. 1 through 5, the register of shareholders of the company of this case as of November 7, 201 entered as shareholders in the register of shareholders of this case as of November 7, 2011; according to the status of shares held by the company of this case as of May 20, 201 as reported in the register of shareholders of this case; according to the status of shares held by the company of this case as of February 30, 2019, the defendant C, 25,000 shares; the defendant D, 24,000 shares; and F, 21,00 shares after the incorporation of the company; G, as of February 26, 2019, the list of shares held by the shareholders of this case as of May 20, 2015 and the minutes of the company of this case as of February 23, 2012 were prepared as the above list of shareholders of the company of this case;

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