beta
(영문) 서울북부지방법원 2013.07.12 2012가단17094

명의개서등

Text

1. Defendant B Co., Ltd. shall name the shareholders on the list of shareholders with respect to each of the shares listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the father of Defendant C and the spouse of Defendant D.

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) issued 10,000 common shares of KRW 5,000 at the time of incorporation.

C. As to each of the shares listed in the separate sheet on the shareholder registry of the Defendant Company (hereinafter “each of the shares of this case”), Defendant C and D are listed as shareholder for each of the shares of 2,400 shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s shares listed in paragraph (1) of the attached list No. 1 of the Plaintiff’s assertion are to Defendant C, and the shares listed in paragraph (2) of the same list are to be held in title by the Plaintiff to Defendant D, and each title trust contract with Defendant C and D is terminated by the delivery of a duplicate of the complaint of this case. The Plaintiff has a benefit to seek confirmation that the above Defendants have a shareholder’s right to each of the shares of this case, and the Defendant Company has a duty to implement the transfer procedure by changing the name of each shareholder from

B. Defendant C and D’s assertion did not receive title trust from the Plaintiff, but did not accept the Plaintiff’s claim since Defendant C and D assumed the purchase fund of the Defendant Company to run a leasing business by acquiring each of the instant shares with the Plaintiff, purchasing the land, constructing a new building, and operating the notified source, etc., and thus, did not comply with the Plaintiff’s request.

3. Determination

A. Upon examining the existence of a title trust agreement, the Plaintiff purchased 10,00 shares of H Co., Ltd. from F on January 29, 2009 to KRW 20,00,00,00 for 20,00,00 for each testimony of the witness E, F, and G, and comprehensively taking account of the following: Gap evidence Nos. 4, 5, 14, 15, Gap evidence No. 10-10-8, 10, 12, 13, Gap evidence No. 12-4, 5, 6, 7, 8, 9, and 21-2, and the whole purport of the pleadings: