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(영문) 대전지방법원 서산지원 2018.04.04 2016가단50582

주식인도청구의 소

Text

1. Defendant B shall deliver to the Plaintiff 12,00 shares listed in the separate sheet.

2. The plaintiff's remainder against the defendant B.

Reasons

1. Basic facts

A. D Co., Ltd. was established on June 11, 2014, and issued at the time of its establishment was 40,000 shares, and its trade name was changed to E on November 28, 2014.

(hereinafter referred to as “foreign company”). B.

On June 11, 2014, the list of shareholders of the non-party company stated that F owns 12,00 shares, G 11,200 shares, H 6,000 shares, and I owns 10,80 shares. As of March 14, 2016, as of March 14, 2016, Defendant B owned 22,00 shares, Defendant C C 7,200 shares, and I owned 10,80 shares.

C. Meanwhile, the J Co., Ltd. (the representative is the Plaintiff; hereinafter the “J”) is the K Co., Ltd. on March 2, 2013.

'the construction of a new factory in L' at the time of a earthquake, 'the construction of the factory in this case'.

B. The Defendants’ father, M, the father of the said construction contract, was a joint and several surety for the said construction contract and actually performed the instant construction work.

On December 26, 2014, the non-party company held that: (a) the aggregate of the foregoing land is “the instant land” and the aggregate of the 851 square meters in N, P, 387 square meters in P, 789 square meters in P, Q, 394 square meters in Q, Q, 281 square meters in R, S, 1,921 square meters in T, and 830 square meters in total;

(A) complete the registration of ownership transfer based on the sale by auction at will (based on recognition), and the purport of the whole pleadings and arguments as to Gap, Gap, 1, 2, 4, and 9, Eul, Eul, 2, 5, 8, and 36.

2. The allegations and judgment of the parties

A. The parties’ assertion (1) asserts to the following purport.

At the time of the incorporation of the non-party company, the Plaintiff acquired 40,00 shares of the non-party company in the name of F, G, H, and I with the consent of F, H, and I, and was a real shareholder of the non-party company’s shares of 40,000 shares, and terminated the stock trust agreement with G and H, so the shares in the name of G and H were reverted to the Plaintiff.

On the other hand, M uses the contract price of this case which was contracted by J on the land of this case as the construction price, etc. constructed on the land of this case, and M shall be KRW 1,029,609,800.