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1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. The relation 1 of the parties concerned (mutual change in G on December 13, 2004) is a corporation established for the purpose of the production and distribution of charging wire ropes on March 18, 2004. At the time of establishment, in-house directors E, who are the representative of the defendant B and the plaintiff, held 1,500 out of 5,000 shares issued by the plaintiff, and 1,000 shares out of 2,00 shares of the defendant C and C, and C, respectively. The representative director of the plaintiff, the defendant C and E, the director of the plaintiff, and the defendant D, the director of the plaintiff, and the plaintiff Eul were the plaintiff's auditor. 2) The defendant B prepared a provisional general meeting of shareholders on February 1, 2005 that "a director of the plaintiff's company to dissolve the plaintiff and appoint the defendant B as liquidator" and completed the minutes of the plaintiff's provisional general meeting of shareholders on February 1, 2005.
3) Accordingly, E filed a lawsuit against the Plaintiff seeking confirmation of invalidity of the resolution of a provisional general meeting of shareholders (Seoul District Court Decision 2007Gahap5390) on September 5, 2008, which rendered a favorable judgment against the Plaintiff on September 5, 2008, that “it is confirmed that the Plaintiff does not have any resolution for dissolution of the company and appointment of liquidator at the provisional general meeting of shareholders on February 1, 2005.” Although the Plaintiff appealed under the Daejeon High Court 2008Na8711, the appeal was dismissed on March 25, 2009, and the said judgment became final and conclusive around that time, and the Plaintiff’s registration record was reinstated on August 8, 2011 as the said judgment became final and conclusive. 4) E was appointed as the Plaintiff’s internal director on February 5, 2014.
B. Defendant B, on November 24, 2003, was divided into 3,848 square meters (145 square meters and H3,703 square meters before December 1, 2008) prior to the Seo-gu, Seodong-gu, Seocheon-gu, Seocheon-gu, Seoul on November 24, 2003
The land before the division is made shall be “the instant land”
A purchased from B and completed the registration of transfer of ownership in Defendant B’s name as to the instant land. At the time of August 2, 2004, the Plaintiff, a representative director of Defendant B, was on the ground of sale on March 22, 2004.