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(영문) 수원지방법원 2017.07.07 2016가합76721
신주발행무효의소
Text

1. The Defendant’s issuance of 60,000 common shares of KRW 5,00 per share on December 24, 2015 shall become null and void.

2...

Reasons

1. Basic facts

A. The defendant is the owner of land E, F and each ground building (hereinafter collectively referred to as "the instant real estate") at Osan-si, a company engaged in real estate development and implementation business, etc., and the plaintiffs are the shareholders of the defendant company.

B. The establishment of the Defendant Company and the instant agreement, etc. 1) Gold Savings Bank Co., Ltd. filed a voluntary auction on September 7, 2012 and on the 18th of the same month with respect to the instant real estate, and voluntarily auctioned the Suwon District Court G and the same court H (hereinafter “instant voluntary auction procedure”).

(1) On October 2013, Plaintiff A, C, and I entered into an agreement on October 25, 2013 (hereinafter “instant agreement”) with a view to obtaining a successful bid of the said real estate on or around October 2013 (hereinafter “instant agreement”).

1) The terms and conditions of the establishment of a legal entity are as follows: 1. The capital ratio of the Plaintiff, C25%, Plaintiff A25%, and Plaintiff A25%) the representative director, I, the auditor, Plaintiff C, and Plaintiff A and I designated by the following: (a) the representative director of the legal entity, I, to purchase the instant real estate by auction; and (b) the business that Plaintiff A, C, and I invested as shareholders to create profits; and (c) the conditions of the establishment of a legal entity are as follows:

6.The distribution of proceeds shall be divided according to the ratio of surplus funds in the case of a successful bid loan, and the amount of 200 million won shall be distributed in proportion to each time when the deposit of the security deposit is made, and I shall be in charge of operation as to whether the total amount of the investment funds and the amount of the proceeds of the contract are one billion won or more, which

7.The investors shall, upon receipt of all of the above dividends, transfer all shares they own to the remaining shareholders (in accordance with the shares ownership ratio of the shareholders of Ghana), and also resign from the position of the officer.

2) The status of shares issued at the time of the establishment of the Defendant Company (the total of KRW 5,000 per share of KRW 120,000 per share) is as follows, and I shall have part of the shares owned by the Defendant Company to J.

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