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(영문) 대전지방법원 2015.05.27 2014가단45819
출자지분 양도
Text

1. The Plaintiff, Defendant B, and Defendant C, each of the shares listed in the separate sheet No. 1, and Defendant C, respectively.

Reasons

1. Facts of recognition;

A. On February 21, 2012, the Plaintiff is a company established in Seo-gu Daejeon, Daejeon, with its head office as follows:

- - Objectives: Real estate development and sale business, housing construction business, etc. - Total amount of capital: 10 million won - number of contribution units and per share amount: 100,000 account for contribution units and per share amount: The type and number of contribution shares - The amount of contribution shares shall be the amount calculated by converting the total number of contribution units by the rate of the amount of payment for land shares and the amount of 100,000 account for contribution units by the percentage.

- Number of contribution units by each member: The number of contribution units by each member, including the Defendants, shall be as specified in the attached Table 3 of the number of contribution units.

- Dividends: It shall be made by settling accounts after the completion of the sale of buildings A and by way of equity ratio in respect of members.

- Duration and dissolution: The plaintiff shall be dissolved upon the completion of the dividend and distribution of the members after the completion of the sale in units A and the rental business from the date of its establishment.

B. The Plaintiff newly constructed an aggregate building under the name E in the head office according to the investment performance of all the members including the Defendants.

On May 8, 2014, the Plaintiff entered into a sales contract with Defendant C on May 9, 2014 with each of the following terms and conditions.

C. On June 17, 2014, the Plaintiff: (a) held an extraordinary general meeting on 16:00 on June 17, 2014; (b) reported the distribution status list to eight members (the Defendant did not attend the meeting after receiving a notice of convening an extraordinary general meeting); and (c) decided to transfer the employment share to a corporation for the disposal of capital reduction by transferring or taking over the employment share.

After the meeting, the Plaintiff notified the Defendants of the above resolution and notified them of the acquisition of equity shares and the disposal of capital reduction.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the above facts of recognition, by the resolution of the above extraordinary general meeting, the defendants concluded each contract for the sale of the above aggregate building with the plaintiff.

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