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(영문) 인천지방법원 2018.09.07 2017가합61675
주주총회결의부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the parties to the instant real estate: H and I’s fraud sale by Gyeonggi-do Co., Ltd., a planning real estate company; the Plaintiffs are the land J or K’s wife population at the time of Gyeonggi-do Sales (hereinafter “instant real estate”).

(2) The Defendant is a corporation established on July 16, 2012 in order to obtain a successful bid of the instant real estate at an auction procedure for the instant real estate by a prop general meeting.

3) On July 16, 2012, Plaintiff B was appointed as the Defendant’s internal director and the joint representative director, but resigned on October 20, 2014. Plaintiff C was appointed as the Defendant’s auditor on July 16, 2012, Plaintiff A as the Defendant’s internal director on October 20, 2014, and Plaintiff A as the Defendant’s internal director on October 20, 2014, but was held on August 5, 2017 (hereinafter “instant general meeting of shareholders”).

B. The Defendant’s shareholder change details 1) At the time of the Defendant’s establishment, 10,000 shares were issued, and the said shares were allocated to the Plaintiff B and E, respectively, 3,000 shares, and 2,000 shares were allocated to G and L, respectively, a company director.

2) On September 17, 2014, Plaintiff B transferred 2,000 shares out of 3,000 shares he/she owned, to Plaintiff A, respectively, and the rest of 1,000 shares to the joint representative director. At the time of its establishment on July 16, 2012 (total number of outstanding shares 10,00 shares) the list of shareholders as of October 5, 2014, the list of shareholders as of August 5, 2017 - 3,000 G 2,000 G 2,000 G 2,000 shares G 2,000 G 2,000 shares, 2,000 shares L 2,000 shares L 2,000 shares, 2,000 shares L 2,000 shares, 2,000 shares, Plaintiff 2,000 shares and 30 shares following Plaintiff A2,00 shares.

As of August 5, 2017, the Defendant’s shareholder registry prepared as of August 5, 2017, on which the instant general meeting of shareholders was held, indicated that Plaintiff A, E, F, G, and L own each of 2,00 shares of the Defendant.

C. One Defendant, including the opening of the general meeting of shareholders, participated in the auction procedure for the instant real estate, was awarded the instant real estate, and paid in full the sale price on March 7, 2017.

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