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(영문) 대구지방법원서부지원 2012.05.04 2011가합659

주주명부명의개서

Text

1. The defendant shall change the name of the shareholder on the register of shareholders to the plaintiff as to the shares listed in the attached list.

Reasons

1. Facts of recognition;

A. On December 31, 2007, the Defendant’s shareholder registry became a shareholder of the shares listed in the separate sheet (hereinafter “instant shares”) by the Defendant’s Intervenor.

B. On July 4, 2008, the Plaintiff received the share certificates of the instant shares through the Defendant’s agent, and holds the said share certificates until the closing of argument in the instant case.

C. On December 10, 2010, the Plaintiff requested a transfer of title to the name of the Plaintiff on the instant shares to the Securities Agency of Han Bank, a transfer agent of the Defendant, on the ground that the Plaintiff possessed the share certificates of the instant shares, but was rejected on the ground that the Defendant’s Intervenor’s Intervenor’s report on the share certificates

【Fact-finding without a dispute over the basis of recognition, Gap's evidence 3, 4 (including branch numbers for those with additional numbers), Eul's evidence 5-1, 5-3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Plaintiff is presumed to be a lawful holder as a possessor of the share certificates with respect to the instant shares. Thus, the Defendant is obligated to implement the transfer procedure to change the name of the shareholder on the shareholder registry of the instant shares from the Intervenor joining the Defendant to

3. Judgment on the argument of the Intervenor joining the Defendant

A. On April 5, 2008, the Defendant’s Intervenor asserted that the Defendant’s Intervenor asserted that the instant shares were transferred to the Plaintiff according to the sales contract concluded between the Plaintiff and the instant shares with the purchase price of 250 UN per share on April 5, 2008, but the Plaintiff did not pay the purchase price, and thus the Plaintiff rescinded the said sales contract on May 3, 201 or June 8, 201, and thus, the Plaintiff did not have any right to the instant shares.

B. (1) According to each of the statements in Gap evidence 1 and 16-1, Gap evidence 18, Eul evidence 5-1 through 3, the plaintiff and the defendant joining the defendant as to the shares of this case on April 5, 2008.