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(영문) 서울동부지방법원 2012.10.30 2012가합2291
증권
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) Establishment of Defendant D, Defendant E, Nonparty H, and Nonparty I as promoters, and the new apartment sale business (hereinafter “instant business”) is conducted on October 9, 2009 at the Jwon-si, Gunsan-si.

(2) In order to promote real estate development and rental business, Defendant Company was established. At the time of incorporation, the number of shares of Defendant Company was 40,000 shares, which was 40,000 shares, and was 60,000 shares on October 11, 2009. (2) Accordingly, Defendant D was appointed as inside directors and representative directors of Defendant Company, Defendant E outside directors of Defendant Company, and H as outside directors of Defendant Company, and K, which acquired the shares of Defendant Company from Defendant Company from Defendant Company I, respectively, as inside directors of Defendant Company. They held 15,00 shares of Defendant Company.

B. Prior to the share transfer contract as of July 25, 201, the shareholders and executive officers of the Defendant Company were 15,000 shares of the Defendant Company owned by the Defendant Company, 6,000 shares of the Defendant Company owned by the Defendant Company, 15,000 shares of the Defendant Company owned by the Defendant Company, and 36,000 shares totaling of 15,000 shares of the Defendant Company owned by K were transferred to the Plaintiffs on December 13, 2010 each of 12,00 shares and 60,00 shares of the Defendant Company were transferred to the Plaintiffs on December 13, 2010, H owned 15,000 shares, E owned 9,00 shares, and 12,00 shares of the Plaintiffs each on December 13, 201.

3) The shares of H 3,000 shares of the Defendant Company were transferred to Defendant E on December 20, 2010, and as of the same day, 60,000 shares of the Defendant Company were held by H, Defendant E, and the Plaintiffs, respectively. (C) On July 25, 2011, the Plaintiffs were transferred 4,000 shares each to Defendant D, Defendant E, and Defendant F, respectively (as a result, the Defendants were transferred 12,00 shares each of the Plaintiffs held on July 25, 201). In return, Defendant D, Defendant E, and Defendant F were transferred on September 30, 201.

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