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(영문) 서울중앙지방법원 2018.05.03 2017가합553692
주주권 확인 등
Text

1. The plaintiff's primary claim against the defendants and the first preliminary claim against the defendant B, C, and D are the second preliminary claim.

Reasons

1. Basic facts

A. G Co., Ltd. (hereinafter referred to as “G”, and even when referring to other companies, the indication of “stock company” was omitted) with the representative director was selected as a contractor for the gold industry and was promoting the implementation of multi-family housing in the location outside Dongjak-gu Seoul Metropolitan Government H (hereinafter referred to as “I district project”). On July 25, 2007, the Plaintiff secured the land, such as purchase of 14 lots from the Docco, an incorporated foundation, and received approximately KRW 160 billion from 15 financial companies, such as gold comprehensive finance, etc., by receiving approximately KRW 160 billion from the 15 financial companies, such as gold comprehensive finance, etc., and received the transfer of ownership of the relevant land after paying the balance of the land on March 31, 2008, while entering into a real estate trust agreement with the Korea Land Trust (which was changed to an international trust).

B. From January 201 to September 201, Defendant B invested approximately KRW 2.99 billion in the I Area project, and around December 7, 2011, Defendant B had Doz invest in the said project, and around October 201, Defendant B started to participate in the said project by raising KRW 3.52 billion as necessary for the amendment of the articles of incorporation of the Dociman as an incorporated foundation through K, which is a branch, to raise KRW 3.5 billion in the said project.

C. Since November 13, 2013, the Plaintiff and Defendant B entered into a joint project agreement with a new company under the name of the new company and the new company to carry out the project in the manner of receiving a public sale from the trust company (hereinafter “instant joint project agreement”), and the main contents thereof are as indicated in the “joint project agreement” in the attached Form.

Defendant E Co., Ltd. (hereinafter “Defendant E”) was established on December 5, 2013 in accordance with the instant joint venture agreement. Defendant B acquired 20,700 shares in its own name and 9,000 shares in C’s name, and the Plaintiff had L, the denying person, 6,900 shares, M, and N.

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