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1. The Defendant’s issuance of new shares with a face value of KRW 500 won per face value on September 5, 2017 is null and void.
2...
Reasons
The defendant is a stock company operating real estate rental business, etc., and the plaintiff is the representative director of the above company, and the defendant is to hold a board of directors on August 17, 2017 to issue new shares of 1,680,000 common shares of 50 won per face value at issue, and the method of issuance is issued by the method of shareholders allocation and then the third party is decided to allocate limited to forfeited shares to the third party. Nevertheless, the defendant distributed all issued shares to the plaintiff on September 5, 2017 without undergoing the procedures for shareholders allocation. The fact that the defendant completed the registration for change of issuance of new shares on October 11, 2017 is no dispute between the parties.
According to the above facts, it is reasonable to view that the above issuance of new shares is null and void because it is contrary to the resolution of the board of directors of the defendant, and it infringes on shareholders' preemptive rights to new shares.
The plaintiff's claim of this case is justified, and it is so decided as per Disposition.