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(영문) 서울고등법원 2018.10.19 2018나2025616
주주권 확인 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2.The second preliminary claim added by this Court.

Reasons

1. Basic facts

A. Defendant B’s multi-family housing implementation project 1) Defendant B’s representative director G Co., Ltd. (hereinafter “G”) with Defendant B’s representative director, and the stock company omitted the entry of the stock company.

) A corporation shall select H as a contractor and implement a multi-family housing project in the Dongjak-gu Seoul Metropolitan Government I Group (hereinafter referred to as “J project”).

2) Around July 25, 2007, G secured the land by purchasing 14 parcels from K, a foundation corporation, and received approximately KRW 160 billion from 15 financial companies, including L, with H’s main lines.

3) G paid the balance of land on March 31, 2008 and received the transfer of ownership of the pertinent land, and M (or later changed to N).

B) The Plaintiff and Defendant B invested approximately KRW 2.99 billion in the J business from January 201 to September 201 of the same year.

On December 7, 2011, the Plaintiff had NA make an investment in the J project to the branch around December 7, 201, and around October 2012, the Plaintiff raised KRW 3.52 billion necessary for the alteration of the articles of incorporation of K, an incorporated foundation, through the branch P.

2) On November 13, 2013, the Plaintiff and Defendant B entered into a joint agreement with the company under the pretext of a new company instead of a large amount of existing debt, and the new company entered into a joint agreement with the trust company to carry out the instant project by means of receiving a public auction from the trust company (hereinafter “instant joint agreement”).

(3) Under the instant joint project agreement, Defendant F Co., Ltd. (hereinafter “Defendant Company”) was established on December 5, 2013 according to the instant joint project agreement.

The Plaintiff acquired shares 20,700 shares of the Defendant Company in its own name under the name of 20,700 shares and Q, and Defendant C acquired shares 6,900 shares of the Defendant Company, Defendant D, and E, each of 11,400 shares.

Plaintiff

The side and the defendant B shall have the shares of the defendant company 49.

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