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(영문) 수원지방법원평택지원 2016.11.09 2016가합8611
회사에 관한 소송
Text

1. A resolution to appoint C, D, and E at a general meeting of shareholders of the Defendant on March 17, 2016 and approval for the settlement of accounts in 2015.

Reasons

1. Basic facts

A. The status of the parties is a stock company of 2.10 million won (one share price of 5,000 won, the total number of issued and outstanding shares of 482,000 shares) established mainly for the wholesale and retail business of concrete. The plaintiff holds 100,00 shares (20.74%) of the defendant's shares, and F and G own 40,00 shares and 20,00 shares of each defendant.

B. On December 4, 2015, the Defendant, including the Plaintiff, planned to waive the manufacturing business and convert the Defendant into a sales corporation, and planned to transfer the Defendant’s site and the Defendant’s four-story factory buildings (hereinafter “each real estate of this case”) on the land above, Agregrab H and I, which are factory facilities, on the land. On December 18, 2015, the Defendant sent a notice to convene a temporary general meeting of shareholders on the agenda of the transfer of each real estate of this case on December 15, 2015. (2) On December 15, 2015, the Plaintiff sent a notice to the Defendant to oppose the transfer of each real estate of this case.

3) On December 18, 2015, the Defendant’s temporary shareholders’ meeting was held as the agenda for the transfer of each of the instant real estate. The above shareholders’ meeting held more than 2/3 of the Defendant’s total 482,00 shares issued at the above general shareholders’ meeting, and the above agenda was resolved upon upon with the consent of the above agenda. (4) On December 23, 2015, the Plaintiff sent a letter of mail proving that “the Plaintiff notified the Defendant of his intention to oppose the transfer of each of the instant real estate, thereby claiming for the purchase of 100,00 shares owned by the Plaintiff.”

5) On December 29, 2015, the registration of ownership transfer was completed from the Defendant on December 29, 2015 with respect to each of the instant real estate on the grounds of sale and purchase (3.8 billion won in transaction value) as of December 29, 2015 in the J Co., Ltd. (hereinafter referred to as the “Defendant”). 6) The Plaintiff did not reach an agreement with the Defendant on the purchase price of the Plaintiff’s shares, which was so claimed.

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