logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2013.10.31 2012나5745
주주권확인
Text

1.The judgment of the first instance shall be modified as follows:

Of the shares 30,000 shares issued by the Defendant, Plaintiff A is 7,500 shares.

Reasons

1. Basic facts

A. The circumstances leading up to the establishment of the Defendant Company 1) I Stock Company (hereinafter “I”).

(1) On January 15, 1991, the apartment project is a project that constructs two apartment units on each ground, including J, K, L, etc. (hereinafter “instant apartment project”).

(1) The Intervenor F (I’s representative director) began with the permission to implement the construction around October 1991; however, the Plaintiff F (hereinafter “N”) was unable to repay due to financial difficulties around October 1991. From May 192, 1992, MA and from October 1993, N Co., Ltd. (hereinafter “N”).

(2) Around August 194, 1994, the Intervenor F continued to operate the instant apartment project with each of the above companies as a business entity and continued to operate the instant apartment project. However, the Intervenor F continued to operate the instant apartment project after having received investments from the Plaintiff B, but it was impossible to complete the construction work of the instant apartment due to financial difficulties until early 2001.

3) N andO’s equity capital is KRW 300 million by jointly investing on April 12, 2001, and 30,000 common shares (hereinafter “stocks issued by the Defendant Company”) are limited to “stocks”.

N at the time, 14,700 shares (49%) and O owned 15,300 shares (51%) and the share certificates were not issued before March 17, 2010.

Defendant Company acquired the instant apartment business right from N on April 14, 2001, following the acquisition by transfer of the instant apartment business right.

1.(a)

4) The contract was entered into. At that time, P already invested directly or indirectly in the apartment project of this case through N or Plaintiff B, etc., as the representative director of the Defendant Company, and the Plaintiff A was appointed as the director of the Defendant Company, respectively. 4) Meanwhile, on April 14, 2001, the main contents of the contract entered into by the Defendant Company with N, a letter of mutual performance, and a letter of mutual performance are as follows.

Article 1 (Object of Transfer) The object of transfer and acquisition shall be calculated by N to transfer to the Defendant Company, as it is included in the description of transfer and acquisition of assets and liabilities arising in relation to the “R apartment” construction in G, K, L, and Q ground from the Gyeong-gun, G, L, and Q ground.

arrow