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(영문) 수원지방법원 평택지원 2017.01.18 2015가합2340
주주총회결의무효확인 청구의 소
Text

1. The Defendant’s dismissal from office of directors of the Plaintiff at a special shareholders’ meeting held on May 28, 2014, and C and D respectively.

Reasons

1. Basic facts

A. The Defendant as a party (hereinafter “Defendant Company”) is a company established on June 8, 199 for the purpose of housing construction business, etc., and the Plaintiff’s 24,000 shares (80%) among the total shares issued by Defendant Company 30,000 shares (80%) are owned by the Plaintiff, and the remainder of 6,000 shares (20%) are owned by F.

(based on the list of shareholders dated September 8, 201). (b)

1) From June 8, 1999, F was dismissed from office on October 31, 201 while serving as the representative director of the Defendant Company. On February 13, 2012, the Plaintiff was appointed as the representative director and the inside director of the Defendant Company. 2) For the purpose of acquiring or transferring the right to operate the rental apartment construction business for the land outside Seo-gu, Seo-gu, Seocheon-gu, and 15 parcels to a third party, F was subject to criminal punishment on several occasions by gathering the qualification of the representative director as shown in the following table without the Plaintiff’s delegation, even if it is not the representative director of the Defendant Company.

As a result of the declaration of case number No. 1, Incheon District Court 2012 High Court Decision 2012 High Court Decision 7062, Nov. 8, 201, the list of shareholders, stating that “F shall hold 30,000 won of the total shares of the Defendant Company,” was prepared and held on Nov. 8, 201, that “in-house director is dismissed and appointed F as an intra-company director” was falsely changed to the list of provisional shareholders’ meeting records on Nov. 8, 201, and the registration has been made (in-house qualification document preparation and events, crime of false entry and events, crime of false entry in public electronic records, etc.). On Apr. 4, 2012, the court below prepared a list of shareholders as of Nov. 22, 2011, and prepared an application for change of the contents of “in-house director’s general meeting” as of Apr. 2, 2012.

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