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(영문) 대구지방법원포항지원 2017.08.24 2016가합11238
회사에 관한 소송
Text

1. The defendant is dissolved;

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is a corporation incorporated on June 1, 2006 with capital of 600 million won for the purpose of housing construction, real estate sale, lease, etc., and the plaintiff, C, and D are the defendant's shareholders.

Of the total number of shares issued by the Defendant 120,000 shares, the Plaintiff owns 60,000 shares (50% shares issued), C owns 59,00 shares, and C owns 60,00 shares (the remainder 50% of shares issued) together with C, including 1,00 shares.

B. From around 2004, the Plaintiff and C established the Defendant by jointly investing in order to carry out a business by purchasing real estate located in the zone subject to land readjustment project in the north-gu E in the port-to-port E in the case of port-to-port. The Plaintiff and C assumed office as Defendant director and representative director, the Plaintiff in-house director, and D, respectively.

C. The Defendant acquired each real estate of this case) around June 2006, the Defendant was 1,539 square meters of land allotted by F in recompense for development outlay in North-gu, Northern-si (the land substitution was determined thereafter, and the land substitution was 1541.2 square meters in North-gu G parking lot 1541.2 square meters in North-gu

(2) The Defendant purchased KRW 698 million, and completed the construction of a new building on the said land from July 2008. On August 6, 2009, the Defendant completed registration of initial ownership on the said new building in the name of the Defendant, and completed registration of initial ownership on the said land on May 25, 201 under the name of the Defendant (hereinafter referred to as “G real estate”), and completed registration of initial ownership on the said land (hereinafter referred to as “registration of initial ownership”).

(2) In addition, on January 4, 2011, the Defendant completed the registration of ownership transfer based on sale with respect to H Dae-gu, Northern-gu, Y 665.8 square meters, and thereafter, completed the registration of ownership transfer under the name of the Defendant on September 14, 201 by constructing a single-story building on the said land.

The "H" real estate in total with land and buildings below, and the "each real estate of this case" together with G real estate.

D. There was a dispute between the Plaintiff and C as indicated in the following table.

(1) On February 17, 2012, Plaintiff 1 C was released from the partnership.

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