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(영문) 대전지방법원 2017.09.07 2016나7669
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The relevant Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) was established on April 11, 2006 for the purpose of rental housing business, etc., and is currently operated by E and G, the representative director of the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”).

G A around 2009 by the introduction of her friendship, while living together with E in her husband and wife in 2010, he she sawd as the husband and wife in 2010, and E took over the her letter of apology, "J", and came back again with E at the beginning of 201.

F is a person for both children, as E, and K is a person who has participated in the operation of the above private house.

Plaintiff

On August 8, 2011, the Plaintiff Company, including the appointment of executive officers of the company and the holding of the general meeting of shareholders, appointed F as internal director and representative director, K as internal director, and G as auditor.

D On March 31, 2012, at the general meeting of shareholders of the Plaintiff Company (hereinafter referred to as the “general meeting of shareholders as of March 31, 2012”), the Plaintiff was appointed as an internal director and representative director, and F resigned from the internal director and representative director, and the details of the change of executive officers were listed on the corporate register on April 13, 2012.

At the time of the shareholders' general meeting of March 31, 2012, 3,000 shares, 30% of the total number of outstanding shares of the Plaintiff Company, E, 30% of the total number of outstanding shares of the Plaintiff Company, 30% of E, 30% of E, 40% of F, 40% of the total number of outstanding shares of the Plaintiff Company, and 4,000 shares of the Plaintiff Company, respectively, were stated in the statement on changes such as the shares on March 31, 2015, E, 3,000 shares, 3,00 shares of F, and 4,00 shares of G, respectively.

On the other hand, the Plaintiff Company did not notify E of convening a general meeting of shareholders on March 31, 2012, and therefore, E could not exercise voting rights. At that time, E was detained in Seongdong-gu Department since February 15, 2012, and was found guilty of all the facts constituting the violation of the Labor Standards Act as an employer who operates fraud and J, and was convicted of all the facts constituting the violation of the Labor Standards Act on January 24, 2013. While E appealed against this, the Plaintiff Company was sentenced to the dismissal of the appeal, and the appeal was filed with the Supreme Court, but the appeal was filed with the Supreme Court.

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