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(영문) 수원고등법원 2020.11.11 2019나18262
주식양도청구 등
Text

Plaintiff

B Claim for the change in exchange against Defendant C Co., Ltd. and Plaintiff A’s Defendants.

Reasons

1. Basic facts

A. The construction of a new factory building and the first division 1) 15 Dozers, including Plaintiff B, etc. (the remaining Defendants except the Defendant Company, and the co-defendant D, E, F, G, H, I, J, K, K, P, Q, and R) of the first instance court, purchased a factory site by acquiring a dormant Defendant Company around 2003, and subsequently built a new factory building on that date, and then divided ownership of each of the following factories. (2) The Defendant Company purchased a factory site of S 15,013 square meters from the Korea Land Corporation on August 7, 2003 and transferred the ownership of the factory site under that name on April 9, 2007.

The above Do gold business operator contributed funds necessary for purchasing factory sites and constructing factory buildings in proportion to the size of the factory site and building to be owned by each person, and divided 50,000 shares issued by the defendant company by the ratio of their respective investment values.

(2) At the time, Plaintiff B acquired 2,200 shares equivalent to one’s own shares under the name of T in a fraudulent manner.

(T was registered as the representative director of the Defendant Company from October 2006 to March 2009. All the legal acts, etc. deemed below, including the representative director’s duties, are all described by Plaintiff B, and all of the following convenience is indicated as Plaintiff B’s act. 3) The Defendant Company completed the construction of 8 units on the above land on September 2007 and made registration of preservation of ownership. On May 26, 2008, the Defendant Company completed the construction of 8 units on the above land and completed registration of preservation of ownership. On May 26, 2008, the above land was divided into S factory site 10,060 square meters and U factory site 4,952.9 square meters (hereinafter “the first division”). O, P, Q, and R (hereinafter referred to as “the fourth shareholder”).

(4) Accordingly, it is necessary to dispose of the shares of the Defendant Company, which were owned by the primary shareholder, 16,600 shares or less, and the remaining 12 shareholders, including the Plaintiff B, should be immediately incinerated.

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