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(영문) 부산고등법원 2014.12.10 2014나2457
소유권이전등기말소 등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation with the purpose of leasing, selling, etc. buildings.

U is the founder of the Plaintiff Company, and V is the head of U, and W, a inside director of the Plaintiff Company, is his own difference.

B. The changes in the shares of the Plaintiff Company are as follows.

On or after January 2002, U 2,610 (29%) : X (29%) 2,590 (28.77%) W 2,00 (2.22%) 1,80 (20%) 204 through 2009: U 2,610 (29%) V2,295 (25.5%) 2,295 (25.5%) Y1,800 (20%) 1,800 (20%) 204 and 209: U 2,610 (29%) 2,295 (25.5%) 2,00 (20%) 20%) 2,00 (20%) 1,590 (20%) 2,000) 2,00 (29.12, 209) 2,31,2961,29636. 361,2965 (36. 16) 296)

C. U at the time of incorporation of the Plaintiff Company, U paid all the shares purchase price of 7,000 shares and the capital increase price of 9,000 shares at the time of capital increase. D.

W, as a conflict with U in 2006, retired from the Plaintiff Company, around August 2007, but became a member of the Plaintiff Company again. V was dismissed from U on December 11, 2008, but on March 10, 2009, filed an application for remedy by unfair dismissal, etc. with U on April 14, 2009.

E. On January 6, 2009, V filed a lawsuit against the Plaintiff Company and U for a favorable judgment on May 13, 2010 (Ulsan District Court 2009Gahap109Da7638) and the final appeal (Supreme Court 201Da57043, Oct. 6, 2011) with respect to the registration of ownership transfer on the ground of the 65 households of Ulsan-gu Z, Ulsan-gu, and ABtel 13 households in AA (1 Dong 72, Dong 61, hereinafter “instant officetel”). This judgment was dismissed in entirety, and the final appeal (Supreme Court 201Da57043, Oct. 6, 2011) became final and conclusive.

F. U reduced the monthly wage of W, which was KRW 3 million around February 2010, KRW 2.5 million in terms of the Plaintiff Company’s management, and recovered the corporate seal impression, passbook, and passbook from W.

G. Of the instant officetels, 68 households among the 133 households in total real estate listed in the separate sheet excluding V disputes among the instant officetels.

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