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(영문) 서울중앙지방법원 2017.05.30 2016가단5224353
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s dissolution deemed and continued registration 1) was established on March 7, 1991, and the Plaintiff’s trade name was changed to “Stock Company E” on April 11, 2008, and “F of a stock company” on November 17, 201. (2) The Plaintiff registered dissolution pursuant to Article 520-2(1) of the Commercial Act (Dissolution of a Dormant Company) on December 2, 2004. At the time, the registration of the representative director G, directors H, and I was also cancelled.

3) However, even if the Plaintiff is not the Plaintiff’s shareholder, J, K, etc. forged relevant documents, such as the minutes of the general meeting and the list of shareholders, and subsequently completed the registration of the Plaintiff on May 30, 2007 with respect to the Plaintiff on May 30, 2007. On the same day, the Plaintiff completed the registration of his appointment by Justice J, the registration of the appointment of directors and the representative director, the registration of the appointment of directors K, the registration of the appointment of directors, the registration of the appointment of directors, and the registration of the appointment of the auditor, respectively. 4) N,O, etc. prepared the minutes of the general meeting and the minutes of the board of directors on April 11, 2008, based on the share acquisition agreement and the register of shareholders, etc. of the Plaintiff’s acquisition of the Plaintiff’s shares from J, etc., and changed its name to E.

After that, P was appointed as the representative director on May 22, 2008.

5) Q and R, etc. prepared the minutes of a general meeting of shareholders appointed by Q as a director, and Q Q as an auditor on August 21, 2009 with reference to a share acquisition agreement and a list of shareholders, etc. that they acquired the Plaintiff’s shares from N and P, etc. on August 7, 2009, and completed registration on August 21, 2009. On November 17, 2011, Q, etc. prepared the minutes of a general meeting of shareholders that appointed Q as a representative director and the minutes of a board of directors’ meeting that appointed Q as a representative director and changed the Plaintiff’s trade name to “F of a stock company” (the registration of retirement of P representative director was completed on November 17,

B. On May 7, 2014, S, etc., previously owned by the Plaintiff in the relevant lawsuit, who appointed Q Q as a director, and R as an auditor, and the resolution of a general meeting of shareholders that appointed T and U as a director on November 17, 201.

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