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(영문) 부산지방법원동부지원 2015.11.13 2015가합102100
주주총회결의부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. (1) The defendant is a corporation established for the construction project of multi-family housing (hereinafter referred to as the "project of this case") in the total of 228 parcels outside Busan-gu G, Busan-gu, and the total number of its issued shares is 30,000 shares. The plaintiff A, the plaintiff B, the plaintiff B, the plaintiff B, the plaintiff B, the 7,500 shares (25%) the E 7,800 shares (26%) and the F, the 7,500 shares (25%) each.

(2) Plaintiff C was the Defendant’s internal director and the representative director, who was registered on June 16, 2015.

B. On June 16, 2015, the general meeting of shareholders and the meeting minutes of the board of directors (1) resolved that the Plaintiff C did not hold the general meeting and the board of directors using the personal seal seals and personal seal seals of the Plaintiff C received from Plaintiff C on June 16, 2015, and that “the Plaintiff C shall retire from the inside director and the representative director, and the E shall be appointed as director, and the director shall be re-appointed,” and that “the director E shall be appointed as the representative director.”

(hereinafter referred to as “each of the instant resolutions”) drafted the Defendant’s meeting minutes of the board of directors on March 31, 2015, with the content of the two resolutions referred to as “each of the instant resolutions.”

(2) On June 16, 2015, E, using the minutes of the general meeting of shareholders and the minutes of the board of directors prepared as above, completed the Defendant’s representative director’s and directors’ retirement and appointment registration.

C. (1) The Plaintiffs filed an application with E and F for a provisional disposition of suspending the performance of duties (this Court 2015Kahap10039). On August 4, 2015, the Court decided that “E shall not perform the duties of the Defendant’s representative director until the judgment on the merits of this case became final and conclusive, and F shall not perform the duties of the Defendant’s representative director, and that “E shall not perform the duties as the Defendant’s director,” and that “Law H shall be appointed as the said acting director during the period of suspending the performance of duties.”

(2) On August 31, 2015, E and F certify that they resign from the office of the Defendant’s representative director and director.

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