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(영문) 서울고등법원 2017.08.31 2016나2072038
임시주주총회결의 부존재 확인의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The defendant is a stock company established on April 1, 2004 with the purpose of real estate development, sale, lease, and management business as of April 1, 2004, and the total number of issued stocks as of April 2005 is 60,000 shares and the plaintiff was a shareholder of the defendant and the representative director of the defendant on August 10, 2012. The plaintiff was a shareholder of the defendant and the plaintiff was appointed as the representative director of the defendant on August 10, 2012.

B. Preparation and delivery of a contract to establish a pledge of shares 1) Busan Savings Bank and Busan Savings Bank Co., Ltd. (hereinafter “ Busan Second Savings Bank”)

(1) On May 24, 2010, the Defendant’s shareholders (hereinafter “instant establishment contract”) signed by the Plaintiff, F, G, H, and I as follows. Around May 24, 2010, the term “instant establishment contract” refers to the term “instant establishment contract.”

(2) The written consent to the disposition of this case (hereinafter “written consent to the disposition of this case”)

(3) The certificate of transfer (hereinafter “certificate of transfer of this case”)

(2) The contents of the instant pledge contract, written consent to disposal, and written consent to transfer are as follows: (a) there is no seal or seal between the Busan Savings Bank and the Busan Second Savings Bank; and (b) there is no seal or seal between the Plaintiff and the Plaintiff.

[1] (1) The Busan Savings Bank, the Busan Savings Bank: The creditor and the pledgee (2) the plaintiff, F, G, H, and I: the debtor's shareholder and the pledgee (3) the defendant: the debtor and the company specializing in issuing stocks are excluded from the debtor, the transferor and the pledgee in order to raise funds necessary for the sale business of new pension in the Pyeongtaek-gun-gun, Dri, and Eri, Gangwon-do.

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