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(영문) 수원지방법원 2017.12.15 2016가합79126
주식지분권확인 등
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. Since around 2003, 15 gold enterprisers, including the Plaintiff, purchased a factory site jointly, and newly constructed a factory building on the site, agreed to divide each of the following factories into sectional ownership, and acquired a dormant Defendant.

B. Since August 7, 2003, the Defendant purchased C- 15,013 square meters of a factory site from the Korea Land Corporation and completed the registration of ownership transfer in its name on April 9, 2007. In the process, the said gold business operator contributed funds required for purchase of the factory site and new construction of the factory building in proportion to the size of the factory site and the building that he/she would own, and became a joint shareholder who owns 50,000 shares of the Defendant by dividing the Defendant’s shares in proportion to their respective investment values.

Around the time of completion of the registration of ownership transfer, the Defendant’s shareholders changed to 16 persons, and at the time, the Plaintiff acquired 2,200 shares equivalent to his/her shares in the name of D, a fraudulent person, and registered D in the register

C. On September 2007, the Defendant completed 9 units of the factory building on the above land and completed registration of preservation of ownership in its name. On May 26, 2008, the Defendant divided the above land into C 10,060 square meters of land for factory and E 4,952.9 square meters of land for factory and E 4,952.9 square meters of land for factory (hereinafter “the instant first division”). On May 26, 2008, four shareholders, such as F, etc. (hereinafter “the first four shareholders”), including F, completed registration of transfer of shares in the above divided land and the factory building newly constructed on the above divided land and its ground. D.

Accordingly, 16,600 shares or less of the defendant's 16,600 shares or less of 16,600 shares or less are the primary shares or less.

There is a need to deal with the shareholders of the remaining 12 shareholders including the plaintiff, and the shareholders of the remaining 12 shareholders including the plaintiff were temporarily dismissed or transferred in proportion to their shares, and until the final settlement of shares is made in the name of G, which is the plaintiff's birth.

E. On December 3, 2008, the defendant continued to do so.

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