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(영문) 수원지방법원 2015.05.15 2014가합63844
주주권부존재확인 청구의소
Text

1. It is confirmed that the Defendant and the Defendant (Counterclaim Plaintiff) were not a shareholder of the shares listed in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 24, 1996, the Plaintiff was a juristic person established for the purpose of construction machinery facility business, etc., and on August 1, 1996, the business items were registered as wastewater treatment business, etc.

(2) Defendant C and D, E, F, G (hereinafter the above four shareholders) and H, I, J, K, L, M, N,O, P, Q, and R (hereinafter the above 11 shareholders referred to as “the shareholders”) purchased factory sites jointly, newly constructed a factory building on the ground thereof, and then converted them into each section of exclusive ownership to operate each gold plant (hereinafter the “instant business agreement”), and acquired the Plaintiff of this case’s dormant.

(3) After August 7, 2003, the Plaintiff purchased a 15,013 square meters of SP site from the Korea Land Corporation (hereinafter “instant factory site”) and completed the registration of ownership transfer in its name on April 9, 2007, and newly constructed a factory building in the form of an aggregate building on that ground.

(4) At the time of entering into the instant partnership agreement, 16 gold enterprisers agreed to make contributions in proportion to the size of the factory site and the factory building to be owned by each person, but they agreed to receive the Plaintiff’s shares at the ratio of the value of the investment. Accordingly, 16 gold enterprisers were joint shareholders who own 50,000 shares issued by the Plaintiff (ordinary shares and the face value of 10,000 won per share) by dividing 50,00 shares issued by each person.

(5) At that time, Defendant C received 2,200 shares of the Plaintiff under the name of T, which was a fraudulent and the Plaintiff’s representative director, and thereafter, the name of the shareholder of the said shares changed from T to U.S., who is the father of Defendant C.

B. On May 208, 2008, 4 shareholders completed 4 shareholders' factory buildings and ancillary facilities as a result of the division independence of 4 shareholders and the Plaintiff's acquisition of shares.

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