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(영문) 서울북부지방법원 2014.12.03 2014가합22158
주주총회결의부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant Company”) is a stock company established for the purpose of construction, lease of real estate, sale of real estate, etc. on December 14, 199 with a capital of 50 million won and the total number of issued stocks of 100 million won (in par value of 5,000 won per share).

B. Plaintiff A and Plaintiff C are children of G, Plaintiff B is the wife of G, and Party E is the entire wife of G.

C. On January 29, 2009, Plaintiff A and Plaintiff B assumed office as the director of Defendant Company, and Plaintiff B as the representative director, respectively. On December 11, 2009, E resigns resigned from the representative director, as well as Plaintiff A’s representative director, and Plaintiff B assumed office as the auditor.

Meanwhile, on May 31, 2012, Plaintiff C was appointed as a director of the Defendant Company.

On March 31, 2012, in the list of shareholders of the defendant company, the shares were listed in the list of shareholders of the defendant company as being owned by the plaintiff A 5,100 shares (51%), the plaintiff B 2,500 shares (25 percent shares), and E 2,400 shares (24 percent shares).

E. On April 26, 2012, G sought confirmation that both Plaintiff A and Plaintiff B’s shares (5,100 shares and 2,500 shareholders’ rights are owned by both Plaintiff A and Plaintiff B, and sought confirmation from the title truster himself/herself. In addition, G filed a lawsuit against the Defendant Company seeking the implementation of transfer procedures on the register of shareholders on each of the above shares (Seoul Northern District Court Decision 2012Da17094), and was sentenced to a judgment in favor of all of the Defendant Company on July 12, 2013.

On May 4, 2012, a copy of the above complaint containing an expression of intent to terminate a title trust with respect to each of the above shares reached the above plaintiffs.

F. Meanwhile, on August 29, 2013, E filed a lawsuit claiming delivery of stocks with the Seoul Northern District Court Decision 2013Da33239 decided Nov. 15, 2013, by asserting that he/she purchased 100 million won of the entire shares of the Defendant Company from G on August 7, 2013, and was sentenced to a favorable judgment on November 15, 2013, and the said judgment became final and conclusive on December 5, 2013.

G. Defendant Company: (a) on March 31, 2014, in lieu of a resolution of the general meeting of shareholders, Plaintiff A and Plaintiff A and Plaintiff A.

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