logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.21 2017나2055986
이사지위확인 등
Text

1. All of the lawsuits against the plaintiffs' claim for confirmation of shareholder status added in the trial of the trial are dismissed.

2. The judgment of the court of first instance.

Reasons

Basic fact-finding corporation F is a company that engages in agricultural product processing and wholesale and retail business, and D and E are actual operators of the above company.

D. During the operation of the above company, around the beginning of 2014, E agreed to conduct an agricultural product processing business (hereinafter “instant business”) by establishing H and an agricultural company under the trade name “G,” which is in a relationship between the above company and its business partners.

In order to prepare the factory establishment site for the instant project, D entered into a sales contract with I and J on March 11, 2014 with respect to the land of Gohap, L, M 9,516 square meters (hereinafter “instant land”) on the following terms (hereinafter “pre-sale contract”), and around that time, D paid 70 million won down payment to I and J.

The purchase price: 630,000,000 won: The remainder of 70,000,000 won (payment of 20 million won at the time of a contract, and payment of 50,000,000 won until March 21, 2014): the special agreement (payment of 560,000,000 won before May 30, 2014): The buyer agrees that the buyer shall pay the remainder to the buyer within 20 days after the acquisition of the permission for the type of business related to the primary processed food of agricultural and fishery products in this article, as the buyer intends to obtain the permission for the type of business related to the primary processed food of agricultural and fishery products, and if so, this agreement is null and void after the acquisition of the permission and license from the time of harmony.

At the time of non-permission, 4,300,000 won shall be deducted from the seller's crop cultivation loss in the gold year.

D, E, and H established the Defendant, an agricultural corporation on May 8, 2014.

At the time, H was qualified as a farmer at the time, and H was appointed as the representative director of the defendant, and D and E could not become a registration officer due to credit, etc., so the plaintiffs were appointed as an internal director on behalf of them.

At the time of the establishment of the defendant, the shareholders' list was prepared with H 45%, Plaintiff A 35%, and Plaintiff B 20%.

On February 17, 2016, the defendant obtained approval for factory construction on the land in this case from the Sungsung City.

D February 23, 2016

arrow