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(영문) 대전지방법원 2015.01.14 2013가합8148
주주권확인
Text

1. Of the instant lawsuit, the part of the claim for the confirmation of equity interest in 30,00 shares shall be dismissed.

2. A limited liability company in the name of the defendant B.

Reasons

1. Basic facts

A. The relationship between the parties 1) Limited Liability D (hereinafter “D”)

) A company is for housing construction business, etc., and the Plaintiff, E, F, and G are members (hereinafter collectively referred to as “Plaintiff, etc.”) holding all D’s shares (Plaintiff: 45,000 shares, E: 15,000 shares, 15,000 shares, F: 10,000 shares, 100 shares, 30,000 shares, : 30,000 shares).

(2) 2) Company H (hereinafter “H”) is a company for housing construction business, etc. aiming at the construction business, and Company I (hereinafter “I”) is a company for which the purpose is to conduct the construction business, etc., and Company J is a person who actually operated each of the above companies, and Company K is a representative director of H on September 27, 201; Defendant C is a child of J; Defendant B is a representative director of H from September 5, 2005 to August 24, 2007; and Defendant B was a person who served as the representative director of I from November 28, 201 to October 26, 2012.

B. Ha entered into an agreement on the transfer of the right to execute the new apartment construction project (hereinafter “instant apartment”) is a M apartment (hereinafter “instant apartment”) on the ground of the area of 1,330 square meters on the land in Jung-gu, Daejeon.

D) Around November 2011, 201, during the new construction, the construction was suspended due to the default, and D purchased at the voluntary auction procedure that commenced with respect to the above land. (2) After D’s purchase, around November 201, with K and Defendant B, 40% of the purchase price of the instant apartment construction project and H’s shares in KRW 1150 million (hereinafter “Agreement 1”).

2. A shall transfer the right to enforce the instant apartment to B, and if B submits the said right to enforce to the financial institution and obtains a substitute for the said right, B shall set the right to collateral of one billion won with the maximum debt amount under the name of B.

3. B does not change any shareholder or officer without A’s permission while the content of this Agreement is implemented.

4. B refers to a written consent to change the name of the project entity to which Party A issued, to the Gu Office, as well as at the same time.

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