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(영문) 제주지방법원 2019.04.18 2017가합12468
주주의 이사에 대한 위법행위유지청구권
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) as a corporation established on March 19, 2014 for the purpose of managing the concentrated industry, and the Defendant was the representative director.

D’s shares are 50% of the Defendant, 25% of the Plaintiff A, and 25% of the Plaintiff B.

B. D’s real estate assets (1) land D had land assets and 8,085 square meters in E warehouse sites in Jeju-si, F prior to Jeju-si, 6,835 square meters in F, Jeju-si, G 41,250 square meters (the above three parcels are each real estate indicated in the separate sheet), Jeju-si, H 2,836 square meters prior to H, and 2,658 square meters prior to Jeju-si.

(2) A building D has a 427.04 square meters in building assets in Jeju-si E, K of the lightweight steel structure, a glar, a glar, a steel structure, and a glar roof on the ground in Jeju-si, K of J-J, and a glar, a steel structure, a steel structure, a steel structure, a steel structure, and a single roof on the ground in Jeju-si, Jeju-si, and Jeju-si, and J-si, respectively.

(hereinafter referred to as “D’s building assets” in the same term as the above building assets.

C. D’s disposal of a part of D’s real estate assets (1) sold R/S on July 20, 2017 the area of 2,836 square meters prior to H in Jeju-si, and sold the area of 2,658 square meters prior to I in Jeju-si to T on June 21, 2017, and completed the registration of ownership transfer accordingly.

(2) On January 19, 2017, D entered into a provisional contract to sell D’s building assets and real estate listed in Section 1 and Section 3 of the attached Table to U, etc., but it did not reach the conclusion of a regular contract.

D’s Articles of Incorporation D.

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