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(영문) 부산지방법원 2014.10.22 2014가합4944
주주권확인
Text

1. Of the instant lawsuit, the part of the Plaintiffs’ claim for confirmation of shareholder status against Defendant D is dismissed.

2...

Reasons

1. Basic facts

A. The parties concerned Defendant C is currently in-house directors of Plaintiff A and Defendant D (hereinafter “Defendant Company”), and is the husband of Nonparty E, the representative director of Defendant Company, and Plaintiff B is the husband of Nonparty E, and Plaintiff B is the husband of Plaintiff A and Defendant C are the families of family.

B. On June 24, 1992, Plaintiff A, Defendant C, and Non-Party F established the above company as promoters of G Co., Ltd. (5,000 shares issued, total capital of KRW 50,00,000) operating furniture manufacturing business. However, on March 30, 1996, Defendant C acquired F’s shares and became actual private shares, and changed the above company’s trade name to Defendant D, and transferred the location of its head office to Busan Dong-gu H on April 9, 1996, the Defendant Company transferred the name of the above company to Busan Dong-gu H. 3, J, H, K, and L (hereinafter “instant land”). At the time of the new construction, Plaintiff C and Non-Party 5 (hereinafter “the above land”) provided the above land to Defendant C and Non-Party 4 (hereinafter “Non-Party 5”) as the Plaintiff’s share of the above 3rd and 5 (hereinafter “the above land”).

3) The Defendant Company received a loan from the National Agricultural Cooperative Federation on the instant land, including the three parcels of land offered by the Plaintiff A as a joint security, and received a loan from the Plaintiff, and set up a new construction fund and project fund for the instant building on October 21, 1997, and made a registration of preservation of ownership in the name of the Defendant Company on October 21, 1997. On May 13, 2001, the Defendant Company additionally invested KRW 200,000,000 from KRW 5,000 to KRW 25,000, and increased the total amount of capital from KRW 50,000 to KRW 250,000.

C. Repayment of loans to Plaintiff A’s Defendant Company 1.

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