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(영문) 부산지방법원동부지원 2015.09.04 2014가합2043
배당이의
Text

1. FG, H, I, J, K, L, M, M, N, P, Q, R, S, T, U, V, W, X, Y, Z, AAB, AC, AC, and each of them.

Reasons

1. Basic facts

A. From around 2011, AD Co., Ltd. (hereinafter “AD”) established for the purpose of housing construction (1), such as the promotion of new construction of an apartment, change of the representative director, etc. of AD Co., Ltd. (hereinafter “AD”) is proceeding with the construction of a new construction of 1st and 84 households of “AF apartment (hereinafter “AF apartment”) of the 14th floor above the ground (hereinafter “instant apartment”) from around 201, on the ground of the 14th floor, the 14th floor above the ground, and was approved on October 14, 2003. However, the dispute over the management right between AG and other management, which was the largest shareholder of AD, continued to have been raised, and the construction was not performed smoothly due to the lack of sale.

(2) On August 11, 2006, AH, one of the directors of AD, shall be registered as AD representative director in order to secure the payment of the construction price to AI, which was the representative of the subcontractor company of the instant construction project. On the other hand, AH held a provisional general meeting without the authority to convene a provisional general meeting, and prepared the minutes of the extraordinary general meeting of shareholders and the minutes of the board of directors, etc., of which AI is appointed as the representative director of AD, and completed the registration of the appointment of the representative director of AI.

(3) On October 12, 2006, AG received a favorable judgment in the civil lawsuit (the Busan District Court 2005Gahap21350) filed against AD in order to obtain confirmation as a shareholder, and based on this, registered AD as a co-representative on October 17, 2006, after it dismissed AI and AJ as a co-representative and registered AD representative director.

(4) On November 6, 2006, such AI arbitrarily dismissed AG, directors AK, AG, and AL, the representative director of AD, without holding a legitimate general meeting of shareholders, and completed registration for modification to which it, AJ, AM, directors, and AJ, as co-representatives of AD.

(5) The AG is again an AI and AJ on November 14, 2006.

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