주식명의개서 등 청구의 소
1. The part of the judgment of the court of first instance against the Defendants shall be revoked.
2. The plaintiff's primary and conjunctive measures against the defendants.
1. Basic facts
A. On December 5, 1997, the Plaintiff established Defendant Company B (hereinafter “Defendant Company”) which is a company engaged in wholesale and retail business of agricultural and fishery products. Around that time, the Plaintiff was appointed as the representative director of the Defendant Company and retired from the office of the representative director on December 5, 200, while managing the Defendant Company, and on the same day, Defendant D, the south of the Plaintiff, was appointed as the representative director of the Defendant Company, and operated the Defendant Company.
B. Of the 5,000 common shares issued by the Defendant Company, 3,000 shares of 5,000 shares were owned by the Plaintiff and Defendant D, 1,000 shares, the Plaintiff’s spouse, E, 500 shares, respectively.
C. Co-Defendant C of the first instance trial (hereinafter “C”) was appointed as an internal director of the Defendant Company on March 20, 2013.
On April 18, 2013, Defendant D intended to obtain the Plaintiff’s certificate of personal seal impression on behalf of the Plaintiff, and the Plaintiff, which became aware of, drafted a share acquisition agreement between E and the Plaintiff on April 22, 2013 to prevent transfer of the shares of the Defendant Company owned by the Plaintiff to a third party. On April 24, 2013, the Plaintiff notified the Defendant Company of the transfer of the shares listed in the attached list (hereinafter “instant shares”) to E by means of content-certified mail.
E. On April 24, 2013, Defendant D entered into a share acquisition agreement with the content of transferring 2,500 shares of the Defendant Company owned by the Plaintiff as the Plaintiff’s agent.
The transferor: A (hereinafter referred to as “A”) transferee: Defendant D (hereinafter referred to as “B”): Attorney G
1. Sales contract;
A. The total number of shares that Party A traded for Party B is 3500 shares, and the above sales amount is 350 million won.
B. On April 22, 2013, the composition of the foregoing shares is confirmed to include shares of 1,000 shares which were owned by A prior to this date and shares of 2,500 shares which were acquired by A from the Plaintiff who was a former shareholder on April 22, 2013.
2. Methods of paying the purchase price;
(a)general;