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(영문) 수원지방법원 2015.07.24 2014가합13306

주식명의개서절차이행 청구

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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. Basic facts

A. The defendant is a company established on July 24, 1996 for the purpose of operating construction machinery equipment business, etc., and has not issued stock certificates until now.

B. On October 10, 2014, B, a shareholder of the shares listed in the separate sheet (hereinafter “instant shares”) transferred the instant shares to the Plaintiff and issued a certificate of personal seal impression stating “for transfer of shares” to the Plaintiff. On October 13, 2014, the Plaintiff received a written request for the transfer of shares to the Defendant for the transfer of the instant shares under the Plaintiff’s name, accompanied by the instant agreement on the transfer of shares and the said certificate of personal seal impression.

C. On October 14, 2014, the Defendant: (a) held a board of directors on October 14, 2014; (b) passed a resolution with respect to the transfer of the instant shares by all the members present; and (c) on November 21, 2014, a temporary general meeting of shareholders was held and passed a resolution with respect to the disapproval of all the shareholders present

Although the Defendant’s articles of incorporation does not restrict the transfer of shares, Article 3 of the Rules on the Establishment and Operation of the Defendant’s Factory (hereinafter “instant Rules”) provides that “A company shall allocate a number of shares equivalent to a member who has secured shares in land exceeding a certain 200 square meters (based on 200 square meters) to the company and recognize the company as a shareholder.” Article 3 of the Rules on the Management and Management of the Company (hereinafter “instant Operating Rules”) recognizes a company’s shareholder as a shareholder, who is registered in the register of shareholders and has secured shares in a certain building proportional to the share in land (area of 660 square meters or more) and the share in land (area of 660 square meters or more).” Article 9(1) provides that “If a company’s shareholder wishes to withdraw due to unavoidable circumstances, the company may determine the shares to be held and notify the company and transfer shares with its consent.” Article 9(2) provides