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(영문) 서울남부지방법원 2017.01.20 2016가합108695
청산인 등기 말소절차이행 등 청구의 소
Text

1. It is confirmed that the Defendant did not have a resolution of a special shareholders’ meeting that elected C as a liquidator on December 5, 2012.

Reasons

1. Basic facts

(a) In cases where the Minister of National Court Administration, on December 5, 201, publicly announces in the Official Gazette that a company for which five years have passed after the last registration of the company was made to the court having jurisdiction over the seat of its head office that it has not yet discontinued its business, as prescribed by Presidential Decree, such company shall be deemed dissolved when the reporting period has expired, if it fails to make a report as prescribed by Presidential Decree within 2 months after the date it was publicly announced as a company for which five years have already passed after the last registration of the company, as prescribed by Presidential Decree, within 2 months after the date it was publicly announced as the date of the last registration of the company.

However, this provision shall not apply to the company which has registered within that period.

The registration of dissolution has been completed, and accordingly, the registration of A and D, who was the representative director at the time, was also cancelled.

B. The preparation of the minutes of the extraordinary general shareholders’ meeting (hereinafter “the minutes of this case”) was prepared by the minutes of the extraordinary general shareholders’ meeting (hereinafter “the minutes of this case”) stating that “Iston hotel, a shareholder holding 64,800 shares of the Defendant among the total 108,000 shares, appointed C at the temporary general shareholders’ meeting on December 5, 2012, who was present at the meeting.” On December 6, 2012, I received the authentication of a deed signed by a private person (hereinafter “the minutes of this case”).

C. After registering a liquidator C, the Defendant completed the registration of his/her inauguration on December 5, 2012 based on the minutes of the instant case. D.

around around 1998, the Defendant’s shares (total number of shares issued 108,00 shares) owned 27,00 shares, respectively, and around December 5, 201, the ownership of the Defendant’s shares (total number of shares issued) owned 25%, D (25%) and F (25%) and G (25%) were maintained as they were until the liquidator’s registration was completed.

[Reasons for Recognition] Unsatisfy, A 1 to 3.

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