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Reasons
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(영문) 울산지방법원 2012.02.02 2011가합1763
주주권확인 등
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 12, 1998, A Co., Ltd. (hereinafter “A”) established by Nonparty B (hereinafter “A”) took over KRW 4.4 billion in total from the acquisition price to the amount of KRW 1.2 billion with Nonparty J factories and ancillary facilities, equipment, fixtures, and land on 14,040,00,000 in Ulsan-gu L, Ulsan-gu, K, and 11,040,000. On May 1, 1998, based on the above agreement, the transfer contract was concluded as follows.

A person shall be appointed.

1. The total amount of 4,400,000,000 won for the real estate price deduction for the real estate items classified as J-based equipment owned by the J-based entity, all the assets owned by the J-based entity, and the real estate price deduction for the real estate items classified as 11,02.79 square meters; 1,176,703,777 won; 3,223,296,223 won;

2. Details of the classification of the amount determined by agreement on transfer or acquisition, see attached to the determination of shareholders and the confirmation of the transferee on May 18, 98, as it is, the total shares and amount of the present share;

B. After acquiring the J, B, the founder and the representative director of the J, appointed Nonparty B as the representative director of the J, Nonparty N as the auditor, and Nonparty B as the director, respectively. At the time, the register of shareholders of the J was registered as the shareholders holding Ma 9,600 shares out of 40,000 shares issued and outstanding, Defendant D, the Dongin of B, as the Dongin, 8,800 shares, N,O, and Nonparty P as each shareholder holding 7,200 shares.

C. Around February 20, 2001, M has resigned from the J representative director. Around that time, Defendant D was newly appointed as the representative director of J. Defendant D, Defendant D, one of its branch directors, appointed Nonparty Q and Defendant G, respectively, as auditor and director, and on May 15, 2002, changed the trade name of J to Defendant I Co., Ltd. (hereinafter “Defendant I”).

From 2001 to 2010 when Defendant D assumed office as the representative director of Defendant I, the details of changes in the shareholders' list and the holding of Defendant I are as follows:

On the other hand, as of 2010, Defendant I’s register of shareholders.

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