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(영문) 서울동부지방법원 2016.08.17 2013가합18422
주주총회결의부존재확인
Text

1. The plaintiff A's lawsuit of this case shall be dismissed.

2. The plaintiff B's claim is dismissed.

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

Reasons

Basic Facts

The defendant (the former trade name was D Co., Ltd. before the change, but the trade name was changed to E Co., Ltd. on April 15, 2005, to C Co., Ltd. on December 28, 2006, to F Co., Ltd. on February 13, 2007, and changed to the current trade name on March 7, 2007) is a company conducting housing construction and real estate development, and the business of constructing and selling the main complex building with approximately approximately approximately 27,800 households located in Seoyang-gu G district in Gyeyang-gu, Busan Metropolitan City (hereinafter "the business of this case").

H was appointed as the Defendant’s director and the representative director on May 12, 2005. On June 15, 2005, the Defendant was sentenced to 8 months of imprisonment for the violation of the Attorney-at-Law Act and was detained in court. After that, the punishment imposed in other criminal cases was imposed, and was released from prison on August 19, 2008.

I, J, K, L, and M are the current registration officers of the defendant, and I are directors and representative directors, J, K, and L are each directors, and M are auditors.

The Defendant’s list of shareholders dated April 15, 2005, the list of shareholders held 3,250 shares (65%) out of the total number of shares issued by 5,00 shares, the Plaintiff A held 1,00 shares (20%) and N held 750 shares (15%) respectively. On April 25, 2005, the register of shareholders held 750 shares (15%), the Plaintiff A, 1,750 shares (35%), and M andO held 1,00 shares (20%) each, and N held 50 shares (10%).

Around July 6, 2005, the Defendant increased 5,000 common shares to 55,000 common shares issued, and thereafter increased 5,000 shares to 105,000 shares issued on April 10, 207. As such, there was a change in the structure of shares in the shares before and after the two new shares offering process, and as of June 1, 2013, the register of shareholders held 30,00 shares, P 20,750 shares, P 16,325 shares, Q Q 11,05 shares, 10,50 shares, S 8,250 shares, and T 8,100 shares, respectively.

The JJ for each registration of alteration according to the minutes of the shareholders' meeting as of June 15, 2005, the shareholders' meeting as of June 16, 2005, and the minutes of the board of directors' meeting as of June 15, 2005 is H as above.

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