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(영문) 부산지방법원 2020.10.21 2020가합42558

주식인도 및 주주명의개서 청구 등

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Of the instant lawsuit, Defendant E Co., Ltd. among the instant lawsuit, shall list the attached list with Defendant F Co., Ltd. on July 23, 2018 and July 25, 2018.

Reasons

1. Basic facts

A. Plaintiff A and Defendant D established Defendant E for the purpose of planning and designing furnitures for office work, making office stampers, soliciting member stores, selling subsidiary materials for office work to franchise stores, and selling subsidiary materials to franchise stores. On December 8, 2016, Defendant E established for the purpose of manufacturing and selling household and household parts, printing, publishing, and principal production.

B. At the time of establishment of Defendant E, the capital was KRW 50,00,000 for shares and KRW 5,000 for shares. The above shares were fully acquired under Defendant C’s name. This is the current status of shares listed in the separate sheet (hereinafter “instant shares”).

Defendant E registered the Plaintiff A’s spouse as an internal director, and Defendant C, designated by Defendant D as a representative director, respectively.

C. Defendant C and Defendant D established Defendant F for the purpose of manufacturing business households and wholesale and retail business, etc., and registered the establishment on July 16, 2018, and Defendant C as the representative director on July 20, 2018.

Defendant E entered into a contract with Defendant F on July 23, 2018, under which the trademark right listed in paragraph (1) of the attached Table No. 1 was transferred, and on July 25, 2018, Defendant E entered into a contract to transfer the property listed in paragraph (1) of the attached Table No. 1 to KRW 50,000,000, and each contract to transfer the property listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 65

(hereinafter the above three contracts are collectively referred to as "the transfer contract of this case"). 【No dispute exists over the grounds for recognition, Gap evidence 1, 10 through 14, Eul evidence 2-3, and the purport of the whole pleadings.

2. The parties' assertion

A. The shares of this case for the delivery of the plaintiffs 1 shares and the transfer of holders are entrusted to the defendant C, and the defendant C notifies the defendant C of his intention to terminate the title trust agreement by delivering a copy of the complaint of this case. Thus, the defendant C delivers the shares of this case to the plaintiff, and the defendant E delivers the shares of this case.