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(영문) 인천지방법원부천지원 2015.04.01 2014가합8577

명의개서절차이행 등

Text

1. The defendant shall have the name of shareholders in the register of shareholders as to the shares issued by the defendant among the shares issued by the defendant.

Reasons

1. Facts of recognition;

A. The Defendant is a company established on March 28, 1994 for the purpose of manufacturing the special lectures, etc., and the Plaintiff purchased shares in the attached Form (hereinafter “instant shares”) from the representative director C around December 2002 from the Defendant’s representative director C.

(However, the defendant did not issue the share certificates until now).

C On December 20, 2002, after preparing a certificate of custody stating that “the Plaintiff shall immediately return the said shares upon the Plaintiff’s request for the return of the said shares, the Plaintiff shall keep the shares in this case owned by the Plaintiff for the purpose of the Plaintiff,” and on December 21, 2002, the notary public received the certificate from the Newcompeting Law Office No. 4839, which was notarized by the notary public and delivered to the Plaintiff.

C. After that, from around 2010, the Plaintiff returned the instant shares to C several times, or requested the Plaintiff as the Defendant’s representative director to implement transfer procedure to change the name of the shareholder in the shareholder registry to the Plaintiff. However, C has rejected it until now on the ground that it is difficult for C himself or the Defendant to do so.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The transfer of shares before the date of incorporation or six months after the date of the payment of new shares is effective for the company. In this case, the transfer of shares takes effect only by the declaration of intention of the parties in accordance with the general principle as to the transfer of nominative claim. The transfer of shares in the register of shareholders under Article 337(1) of the Commercial Act is not only a requisite to exercise shareholder's rights in relation to the company by the transferee of shares. Thus, if the company fails to issue share certificates within six months after the date of incorporation or the date of payment of new shares, only the declaration of intention between