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1. On November 8, 2018, the Defendant: (a) the representative director and in-house directors D, other non-corporate directors E, and in-house directors F.
Reasons
1. Facts of recognition;
A. The defendant is a company established for the operation of gas stations.
The defendant's list of shareholders dated 31, 200 shares issued by the defendant stated as follows: E 10 shares, K 790 shares, L 1,200 shares, M 380 shares, M 430 shares, F 430 shares, N 380 shares, and D 380 shares, respectively.
B. On April 6, 2018, H filed a lawsuit claiming that he/she is one shareholder of the Defendant and seeking confirmation of the shareholder and implementation of transfer procedures, etc. against the Defendant by asserting that he/she is the Defendant’s one shareholder. The said court rendered a favorable judgment against H on September 13, 2018 after serving the Defendant a written notice of the complaint and the date for pleading on the respective service by public notice.
After that, on September 15, 2018, the original copy of the judgment was served on the defendant on September 15, 2018 by public notice, and the defendant did not file an appeal, thereby the above judgment in favor became final and conclusive formally.
C. On November 8, 2018, H completed a change of entry in its name on the whole shares issued by the Defendant based on a final and conclusive winning judgment, and removed, respectively, the representative director and the inside director D, other non-executive directors E, and intra-company directors F, and completed registration accordingly. H prepared a written resolution of all shareholders with the purport that G is appointed as the representative director and the inside director and the inside director and H as the inside director.
In addition, H held a temporary general meeting on July 15, 2019 and dismissed the representative director and inside directors G and inside directors H, respectively, and prepared a minutes of the general meeting of shareholders stating that the Defendant made a resolution to appoint the I as the representative director and the inside directors and the J as the in-house directors, and completed registration accordingly.
E. However, through the judgment of the appellate court (Seoul High Court 2018Na2069296) by the Defendant’s appeal following the Defendant’s subsequent appeal, H did not have the name of the Defendant’s shareholder registry as well as the Defendant’s actual shareholder.