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(영문) 서울중앙지방법원 2021.01.08 2019가합530983
주주권확인 청구의 소
Text

The plaintiff's claim is dismissed.

All costs of litigation, including costs incurred in relation to participation, shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 25, 2007, when promoting a multi-family housing construction project (hereinafter “H project”) in the Dongjak-gu Seoul Metropolitan Government G G G G, F Co., Ltd. (hereinafter “F”) with the representative director, obtained a loan of approximately KRW 160 billion from 14,000,000,000, by purchasing the land from I as the foundation corporation in the Dongjak-gu Seoul Metropolitan Government G G project (hereinafter collectively “instant project site”).

B. In January 2010, the lender notified F of the occurrence of the cause for the nonperformance of the obligation, as the interest under the licensing loan agreement paid by the FF.

(c)

Defendant Intervenor invested approximately KRW 2.9 billion in total in H’s business from January 201 to September 201, and Defendant Intervenor and E entered into a joint agreement to establish a new company on behalf of F with a large amount of existing debt on November 13, 2013 to carry out H’s business in the manner of receiving land for the instant project by short sale (hereinafter “instant joint agreement”).

The main contents of the instant joint project agreement are as shown in the attached Form.

(d)

Around December 5, 2013, pursuant to the instant joint agreement, D Co., Ltd. (hereinafter “D”) was established, and the Defendant’s Intervenor acquired each share of D 20,700 shares and D 9,000 shares under the name of J, and the Plaintiff, a spouse of E, acquired each share of D 6,900 shares and D 11,40 shares, respectively.

In addition, the defendant acquired 600 shares issued D's shares (1% shares).

[Grounds for recognition] Evidence Nos. 1 and 2, Eul's evidence Nos. 1 and 2, Eul's evidence No. 20-2, and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s assertion E is likely to cause difficulty in proceeding H business due to his large amount of liability and experience after concluding the instant joint project agreement.

(1) make decisions;

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