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(영문) 서울고등법원 2020.10.22 2019나2017902
주주총회결의부존재 확인청구의 소
Text

Of the judgment of the first instance, the part concerning the plaintiff B shall be revoked, and the plaintiff B's lawsuit corresponding to the revoked part shall be revoked.

Reasons

1. The reasoning for the court’s explanation on this part is as follows, except for a partial change of the judgment of the court of first instance, and it is identical to the reasoning of the judgment of the court of first instance as stated in Article 420 of the Civil Procedure Act (as stated in subparagraphs 3 through 7 on the third side of the judgment of the court of first instance). Thus, this part shall be cited as it is

C. Part 6 to 8 of the 3rd page are as follows.

"2) Plaintiff B and I, K, and L were listed in the register of shareholders as holding 15,60 shares of each of 62,400 shares of Defendant Company (25% of the total number of shares issued).

“I” in Part 3 of “I” shall be deleted. Each “Plaintiff I” in Part 2 and 4 of “I” shall be removed as “I”.

From the fourth bottom to the end of the second paragraph, the following shall be added:

E. K’s lawsuit to confirm the shareholder’s rights against Plaintiff B was filed by Seoul Northern District Court 2018Kadan100622, Seoul Northern District Court 2018Gadan100622, and the Plaintiff B filed a lawsuit against the Defendant Company seeking the implementation of the transfer procedure of the said shares. The said court rendered a judgment accepting the claim of K on October 31, 2018, and the said judgment became final and conclusive on May 29, 2020, while Plaintiff B filed an appeal (Seoul Northern District Court 2018Na3858) and the final and conclusive judgment on October 31, 2018.

F. After acquiring the entire shares of the Defendant Company X, the entire shares in the name of the Plaintiff B, I, and L were returned to K, a title truster, and K owned the entire shares of the Defendant Company. After the instant rearrangement project owner, K was changed from the Defendant Company to Y, X, and therefore, K transferred the entire shares of the Defendant Company owned by it, thereby holding 100% of the shares of the Defendant Company.

“At the fourth bottom,” of paragraph 1.

“g.”.

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