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Reasons
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(영문) 수원지방법원 성남지원 2017.02.15 2016가합201780
주주권확인 등
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1. Of the instant lawsuit, the part of the claim for confirmation of Plaintiff A, B, C, D, and E’s shareholder rights is dismissed.

2. The defendant shall be the plaintiff A, B, C, and D.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A, B, and C are K’s children, Plaintiff E, and Plaintiff D’s wife. L is the former representative director of the Defendant Company, and H is the current representative director of the Defendant Company. Plaintiff F, M is the inside director of the Defendant Company and shareholders of the Defendant Company. N is the father of L, andO, P, Q, and R are L’s relatives or children. 2) The Defendant Company was certified as a social company by the Minister of Employment and Labor on December 28, 2015.

B. On November 2014, the Plaintiff’s transferee: (a) owned L directly from L with K; or (b) transferred the Defendant Company’s shares held by title trust with P, P, Q, and R (hereinafter “instant acquisition”); and (c) through Plaintiff E transferred the acquisition price and the acquisition price and the acquisition price of the shares of the Defendant Company, via Plaintiff E, to P, KRW 93,00,000, and KRW 13,650,000 on December 3, 2014, respectively.

C. The Plaintiff E filed a criminal complaint against L even after the instant transfer of shares, which did not transfer the shares even after the instant transfer of shares. On November 2015, Plaintiff E drafted each of the following shares transfer contract (hereinafter “instant contract”) and a written application for share transfer agreement (hereinafter “instant application”) and the written application for share transfer (hereinafter “instant application”).

At the time, both the “assignee” and “the date of preparation of documents” of each of the instant documents were blanks, but the “assignee” of the instant application was filled by K around that time, and “the date of preparation of documents” was filled by L on February 15, 2016.

Contract of this case

1. Value of the stocks subject to transfer, 100,000 won, each transfer value per share, 280 shares subject to transfer, and O of the transferor;

2. Shares subject to transfer: Par value, 100,000 won, each transfer value per share, 200 shares subject to transfer, and L of the transferor.

3. Shares subject to transfer: Par value; 100,000 won, each transfer value per share; 280 shares subject to transfer; N of the transferor;

4. The object of transfer.

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