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(영문) 광주지방법원 2019.06.20 2018가합56546

주권확인 및 주식명의개서 절차이행 등

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1. Of the instant lawsuit, the expression of intent to transfer shares to Defendant B, Defendant C, Defendant D, and Defendant E.

Reasons

1. Basic facts

A. On November 5, 2003, G City clarified that it plans to designate an agricultural and fishery products wholesale market to move into the Seocho-si Agricultural and Fishery Products Wholesale Market and publicly announced that G City shall file an application with the corporation desired from December 1, 2003 to December 5, 2003.

B. Defendant F Co., Ltd. (hereinafter “Defendant F”) was established under the name of H on April 21, 1998, under the name of H (hereinafter “Defendant F”), with a capital of KRW 50 million (the shareholder composition on the shareholder list of Defendant F at the time of its establishment is the same as the shareholder composition at the time of its establishment), and on July 18, 2003, with a capital increase of KRW 2 billion in total,050,000,000,000 won, changed the name of the company to F Co., Ltd.; and on October 21, 2003, the total amount of capital was KRW 3 billion,000,000.

C. On December 5, 2003, Defendant F applied to designate it as an agricultural and fishery products wholesale market corporation of Seocho-si Agricultural and Fishery Products Wholesale Market at G Si.

(At the time of application, the composition of shareholders on the list of shareholders of Defendant F shall be as stated in the list of shareholders at the time of application in attached Form 2).

G on March 29, 2004, Defendant F was designated as a agricultural and fishery products wholesale market corporation of Seocho Agricultural and Fishery Products Wholesale Market in G City.

E. At present, the composition of shareholders on the list of shareholders of Defendant F is identical to that on the list of shareholders as of attached Form 2, and shares of Defendant F are not issued in relation to the shares of Defendant F.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3, 6, 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is to obtain information that G City plans to designate an agricultural and fishery products wholesale market corporation to move into the Seocho Agricultural and Fishery Products Wholesale Market and to proceed with the agricultural and fishery products distribution business. On July 11, 2003, Defendant F acquired the shares of Defendant F from the shareholders constituting the shareholder at the time of establishment of the attached Table 2, including I. However, the Plaintiff received the shares in the name of J (2,00), K (1,250 shares), L (750 shares), M (50 shares), N (50 shares), which is not the Plaintiff himself/herself.

(2).