beta
(영문) 의정부지방법원고양지원 2016.10.20 2016가단72736

명의개서절차이행 청구의소

Text

1. As to the Plaintiff’s common shares 9,800 shares (in par value per share: 5,00 won) issued by the Defendant, the Defendant is named in the name of the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s establishment background 1) C D church around June 27, 2013 (hereinafter “D”).

B) Between D and D, the land of Gyeonggi-gu E and 13 parcels (hereinafter “instant real estate”).

(2) A sales contract was concluded to purchase and sell the instant real estate jointly with F and F to distribute profits therefrom. On or around July 23, 2013, C concluded a joint agreement (hereinafter “instant joint agreement”) with F, F’s wife, G, and C to develop and sell the instant real estate after purchasing 2.7 billion won from D, and distribute profits therefrom. The F transferred the studio building and its site on which F was constructed to D as part of the purchase price of the instant real estate, and C paid 230 million won to F in return. The registration of transfer of ownership to the instant real estate was made to H as its representative, and after establishing a corporation with G as its auditor, it concluded a joint agreement with F to be completed in the future of the said corporation (hereinafter “instant joint agreement”).

3) According to the instant joint project agreement, H on August 8, 2013, as representative director, and as auditor G, the Defendant was established for the purpose of housing construction business, real estate development business, and sales business. B. At the time of the establishment of the Defendant’s shareholder status, the Defendant issued shares of 20,000 per share (in the face value of KRW 5,00 per share), and H was 10,000, G was 9,800 shares, and I was 200 shares and became the shareholder, and there was no subsequent change in the shareholder status (in the case of subparagraph 6, evidence 6 is difficult to believe).

(C) Until now, the share certificates are not issued. (c) On August 17, 2015, the share transfer G transferred 10,000 shares to the Plaintiff, and notified the Defendant of the transfer of the shares by content-certified mail on August 27, 2015. [In the absence of dispute over the grounds for recognition, the fact that there is no ground for recognition, each of the evidence Nos. 1, 2, 4, and 5, and the fact inquiry about the Goyang Registry, the purport of the entire pleadings, as a result of the fact inquiry

2. The assertion and judgment

A. The Plaintiff’s assertion is based on a share transfer contract with G on August 17, 2015.