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(영문) 서울고등법원 2017.05.12 2016나2033057
주주확인등
Text

1. Revocation of a judgment of the first instance;

A shareholder of shares listed in the separate sheet between the Plaintiff and Defendant B.

Reasons

1. Basic facts

A. Establishment of the Defendants and capital increase with consideration 1) Defendant B (hereinafter “Defendant B”)

(2) On June 17, 1998, F and I were established for the purpose of leasing and selling real estate. F were employed as the representative director of Defendant B from January 16, 2009 to January 16, 2009; G was the representative director of the Defendant B from June 8, 2012 to June 8, 2015; Defendant B was employed as the representative director of the Defendant C’s representative director from May 21, 2012 to March 20, 2013; Defendant B was the aggregate of KRW 50 million (a total of KRW 50 million); Defendant B was issued at KRW 300,000 (a total of KRW 50,000; 30,500,000,000 won (a total of KRW 50,000; 50,000,000,000 won) at the time of establishment; and

3) While J Co., Ltd., which was a major shareholder, had built K golf clubs in Gyeonggi-gun, the auction procedure was conducted on the site of the above golf club. On April 21, 2000, Defendant C Co., Ltd. (hereinafter “Defendant C”) established as Defendant B’s subsidiary on the following grounds: (a) Defendant C Co., Ltd. (hereinafter “Defendant C”) established as Defendant B’s subsidiary on January 9, 200.

(2) On April 200, the Plaintiff participated in the above auction procedure and won the land for the above golf club at KRW 12.5 billion and paid the successful bid price around June 200, and thereafter, the name of the above golf club (hereinafter “instant golf club”) is the name of the above golf club.

(3) The defendant C changed its capital from KRW 10 to KRW 5,333,30,00 for the purpose of raising funds necessary for the successful bid of the instant golf course, and the defendant C issued 523,333 shares of KRW 10,00 in face value (total face value of KRW 5,233,30,000) as of June 5, 200.

As a result, the total number of shares issued by Defendant C became 533,333 shares, and at the time of capital increase, the shareholder registry listed Defendant B as the shareholder holding 196,00 shares, N, a foreign investor, 160,00 shares, P, a corporation of 133,33 shares, and the Plaintiff’s 44,00 shares (hereinafter “instant shares”).

B. Defendant B-.

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